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AN ACT
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relating to the sale of glassware and nonalcoholic beverages by |
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certain wholesalers and distributors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 102, Alcoholic Beverage |
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Code, is amended by adding Section 102.071 to read as follows: |
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Sec. 102.071. SALE OF GLASSWARE AND NONALCOHOLIC BEVERAGES. |
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(a) In this section: |
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(1) "Branded glassware" means glassware that contains |
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the name, emblem, or logo of or any reference to a brand of |
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alcoholic beverage. |
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(2) "Unbranded glassware" means glassware that does |
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not contain the name, emblem, or logo of or any reference to a brand |
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of alcoholic beverage. |
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(b) Notwithstanding Sections 102.04 and 102.07 or any other |
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provision of this code, the holder of a wholesaler's permit who is |
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primarily engaged in the wholesale sale of distilled spirits and |
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wine may sell branded or unbranded glassware to retailers, provided |
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that the glassware is not marketed or sold in a manner: |
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(1) to influence a retailer to purchase any quantity |
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of alcoholic beverages; |
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(2) to affect the terms by which a retailer may |
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purchase alcoholic beverages; or |
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(3) that threatens the independence of a retailer. |
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(c) Section 102.32 applies to payment for unbranded |
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glassware or glassware bearing the name, emblem, or logo of a brand |
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of distilled spirits or wine by the holder of a wholesaler's permit |
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under Subsection (b). |
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(d) Sections 61.73 and 102.31 apply to payment for glassware |
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bearing the name, emblem, or logo of a brand of malt beverage by the |
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holder of a wholesaler's permit or a distributor's license. |
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(e) For the purposes of Subchapters C and D, the sale, by the |
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holder of a distributor's license, of a nonalcoholic beverage |
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produced or sold by a manufacturer of malt beverages and that bears |
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the name, emblem, logo, or brand of a manufacturer of malt beverages |
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is the same as a sale of beer. |
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SECTION 2. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3413 was passed by the House on April |
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22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3413 on May 15, 2009, by the following vote: Yeas 139, Nays 3, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3413 was passed by the Senate, with |
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amendments, on May 12, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |