Bill Text: TX HB2165 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to the sale by certain alcoholic beverage permit or license holders of alcoholic beverages at a cost below the cost to the seller.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2019-05-10 - Referred to Business & Commerce [HB2165 Detail]
Download: Texas-2019-HB2165-Engrossed.html
| 86R16166 BEE-D | ||
| By: Hernandez | H.B. No. 2165 | |
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| relating to the sale by certain alcoholic beverage permit or | ||
| license holders of alcoholic beverages at a cost below the cost to | ||
| the seller. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 109, Alcoholic Beverage | ||
| Code, is amended by adding Section 109.65 to read as follows: | ||
| Sec. 109.65. CERTAIN RETAIL SALES BELOW COST PROHIBITED. | ||
| (a) In this section, "retailer's cost" includes applicable | ||
| freight, taxes, and duties. | ||
| (b) A person who holds a permit or license authorizing the | ||
| retail sale of any alcoholic beverage for off-premise consumption | ||
| may not sell an alcoholic beverage at retail for off-premise | ||
| consumption at a cost less than the retailer's cost. | ||
| (c) Proof of the retailer's cost for alcoholic beverages | ||
| shall: | ||
| (1) become a part of the permanent records of each | ||
| person who holds a permit or license authorizing the retail sale of | ||
| any alcoholic beverage for off-premise consumption; and | ||
| (2) be available for a period of two years for | ||
| inspection by the commission. | ||
| (d) This section does not apply to the sale of a specific | ||
| alcoholic beverage product if the manufacturer of the product has | ||
| discontinued the production, importation, special packaging, or | ||
| market availability of the product. | ||
| (e) The commission shall adopt rules to implement this | ||
| section. | ||
| SECTION 2. This Act takes effect September 1, 2019. | ||
