reglab/statecodes huggingface dataset:
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter D. Miscellaneous Offenses › Section 101.70. Common Nuisance

Sec. 101.70.  COMMON NUISANCE.  (a)  A room, building, boat, structure, or other place where alcoholic beverages are sold, bartered, manufactured, stored, possessed, or consumed in violation of this code or under circumstances contrary to the purposes of this code, the beverages themselves, and all property kept or used in the place, are a common nuisance.  A person who maintains or assists in maintaining the nuisance commits an offense.
(b)  The county or district attorney in the county where the nuisance exists or the attorney general may sue in the name of the state for an injunction to abate and temporarily and permanently enjoin it.  Except as otherwise provided in this section, the proceeding is conducted as other similar proceedings.
(b-1)  The city attorney in the city where the nuisance exists may sue in the name of the city for an injunction to abate and temporarily and permanently enjoin it.  Except as otherwise provided in this section, the proceeding is conducted as other similar proceedings.
(c)  The plaintiff is not required to give a bond.  The final judgment is a judgment in rem against the property and a judgment against the defendant.  If the court finds against the defendant, on final judgment it shall order that the place where the nuisance exists be closed for one year or less and until the owner, lessee, tenant, or occupant gives bond with sufficient surety as approved by the court in the penal sum of at least $1,000.  The bond must be payable to the state and conditioned:
(1)  that this code will not be violated;
(2)  that no person will be permitted to resort to the place to drink alcoholic beverages in violation of this code;  and
(3)  that the defendant will pay all fines, costs, and damages assessed against him for any violation of this code.
(d)  On appeal, the judgment may not be superseded except on filing an appeal bond in the penal sum of not more than $500, in addition to the bond for costs of the appeal.  That bond must be approved by the trial court and must be posted before the judgment of the court may be superseded on appeal.  The bond must be conditioned that if the judgment of the trial court is finally affirmed it may be forfeited in the same manner and for any cause for which a bond required on final judgment may be forfeited for an act committed during the pendency of an appeal.
Acts 1977, 65th Leg., p. 496, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 234 (H.B. 256), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter D. Miscellaneous Offenses › Section 101.71. Inspection of Vehicle

Sec. 101.71.  INSPECTION OF VEHICLE.  No holder of a permit issued under Title 3, Subtitle A, of this code, may refuse to allow the commission or its authorized representative or a peace officer, on request, to make a full inspection, investigation, or search of any vehicle.
Acts 1977, 65th Leg., p. 497, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter D. Miscellaneous Offenses › Section 101.72. Consumption of Alcoholic Beverage on Premises Licensed for Off-Premises Consumption

Sec. 101.72.  CONSUMPTION OF ALCOHOLIC BEVERAGE ON PREMISES LICENSED FOR OFF-PREMISES CONSUMPTION.  (a)  A person commits an offense if the person knowingly consumes liquor or malt beverages on the premises of a holder of a wine and malt beverage retailer's off-premise permit or a retail dealer's off-premise license.
(b)  A person is presumed to have knowingly violated Subsection (a) of this section if the warning sign required by either Section 26.05 or 71.10 of this code is displayed on the premises.
(c)  Except as provided in Subsection (d) of this section, a violation of this section is a misdemeanor punishable by a fine of not less than $25 nor more than $200.
(d)  If a person has been convicted of a violation of this section occurring within a year of a subsequent violation, the subsequent violation is a misdemeanor punishable by a fine of not less than $100 nor more than $200.
Added by Acts 1983, 68th Leg., p. 2212, ch. 414, Sec. 5, eff. Sept. 1, 1983.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 280, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter D. Miscellaneous Offenses › Section 101.73. Expungement of Conviction for Consumption on Premises Licensed for Off-Premises Consumption

Sec. 101.73.  EXPUNGEMENT OF CONVICTION FOR CONSUMPTION ON PREMISES LICENSED FOR OFF-PREMISES CONSUMPTION.  (a)  A person convicted of not more than one violation of Section 101.72 of this code within 12 months, after the first anniversary of the conviction, may apply to the court in which he was convicted to have the conviction expunged.
(b)  The application shall contain the applicant's sworn statement that he was not convicted of an additional violation of Section 101.72 of this code during the previous 12 months.
(c)  If the court finds that the applicant was not convicted of another violation of Section 101.72 of this code during the preceding 12 months, the court shall order the conviction, together with all complaints, verdicts, fines, and other documents relating to the offense, to be expunged from the applicant's record.  After entry of the order, the applicant is released from all disabilities resulting from the conviction, and the conviction may not be shown or made known for any purpose.
Added by Acts 1983, 68th Leg., p. 2212, ch. 414, Sec. 5, eff. Sept. 1, 1983.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter D. Miscellaneous Offenses › Section 101.74. Offenses Relating to Bingo

Sec. 101.74.  OFFENSES RELATING TO BINGO.  (a)  An organization licensed to conduct bingo under Chapter 2001, Occupations Code, may not offer an alcoholic beverage as a bingo prize or as a door prize at a bingo occasion.
(b)  A person who holds a permit or license at the manufacturing or wholesale levels of the alcoholic beverage industry or a person who holds a package store permit may not participate in advertising any bingo game or pay or contribute toward payment of the printing of bingo cards or of the supplying of any novelties of any sort to be used during or in connection with the conduct of a bingo game.
Added by Acts 1989, 71st Leg., ch. 238, Sec. 41, eff. Jan. 1, 1990.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.727, eff. Sept. 1, 2001.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter D. Miscellaneous Offenses › Section 101.75. Consumption of Alcoholic Beverages Near Schools

Sec. 101.75.  CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR SCHOOLS.  (a)  A person commits an offense if the person possesses an open container or consumes an alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a facility that is a public or private school, including a parochial school, that provides all or any part of prekindergarten through twelfth grade.
(b)  This section does not apply to the possession of an open container or the consumption at an event duly authorized by appropriate authorities and held in compliance with all other applicable provisions of this code.
(c)  An offense under this section is a Class C misdemeanor.
(d)  In this section, "open container" has the meaning assigned in Section 109.35.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 63, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 260, Sec. 6, eff. May 30, 1995;  Acts 2001, 77th Leg., ch. 388, Sec. 1, eff. May 28, 2001.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter D. Miscellaneous Offenses › Section 101.76. Unlawful Display or Use of Permit or License

Sec. 101.76.  UNLAWFUL DISPLAY OR USE OF PERMIT OR LICENSE.  (a)  A person commits an offense if the person knowingly allows another person to display or use a permit or license issued by the commission in any manner not allowed by law.
(b)  A person commits an offense if the person displays or uses a permit or license issued by the commission to another person in any manner not allowed by law.
(c)  Except as provided by Subsection (d), an offense under this section is a Class B misdemeanor.
(d)  If it is shown on the trial of an offense under this section that the person has previously been convicted of an offense under this section, the offense is a Class A misdemeanor.
Added by Acts 2015, 84th Leg., R.S., Ch. 424 (S.B. 367), Sec. 7, eff. September 1, 2015.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.02. Providing Samples

Sec. 102.02.  PROVIDING SAMPLES.  (a)  Notwithstanding any other provision of this code, the holder of a wholesaler's permit or distributor's license or the holder's agent, representative, or employee may furnish or give a sample of liquor or malt beverages to a holder of a permit or license authorizing the sale of that category of alcoholic beverage at retail if the retail permittee or licensee has not previously purchased that brand from that wholesaler permittee or distributor licensee.
(b)  The liquor or malt beverages provided as a sample under Subsection (a) may not be more than:
(1)  750 milliliters of any brand of distilled spirits;
(2)  three liters of any brand of wine; and
(3)  72 ounces of any brand of malt beverage.
(c)  The holder of a retail permit or license authorizing the sale of liquor or malt beverages or the permittee's or licensee's agent, servant, or employee may sample the alcoholic beverage provided under Subsection (a) on the permitted or licensed retail premises only if:
(1)  the holder of the wholesaler's permit or distributor's license is present; or
(2)  the wholesaler's or distributor's agent, servant, or employee is present.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 64, eff. Sept. 1, 1993.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 538 (H.B. 3712), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.03. Persons Barred From Interest in Premises of Retail Liquor Outlet

Sec. 102.03.  PERSONS BARRED FROM INTEREST IN PREMISES OF RETAIL LIQUOR OUTLET.  (a)  This section applies to the holder of a distiller's and rectifier's, winery, wholesaler's, or class B wholesaler's permit.
(b)  No holder of a permit named in Subsection (a) of this section may directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, own an interest of any kind in the premises where a package store permittee, wine only package store permittee, or mixed beverage permittee conducts his business.
Acts 1977, 65th Leg., p. 499, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 2118, ch. 819, Sec. 9, eff. June 13, 1979;  Acts 1983, 68th Leg., p. 1352, ch. 278, Sec. 52, eff. Sept. 1, 1983.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 281, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.04. Persons Barred From Interest in Mixed Beverage Business

Sec. 102.04.  PERSONS BARRED FROM INTEREST IN MIXED BEVERAGE BUSINESS.  (a)  This section applies to any person who has an interest in the business of a distiller-rectifier, wholesaler, class B wholesaler, winery, or local distributor's permittee.  This section also applies to the agent, servant, or employee of a person who has an interest in one of those businesses.
(b)  Except as permitted in Section 23.01 of this code, no person to whom this section applies may:
(1)  have a direct or indirect interest in the business, premises, equipment, or fixtures of a mixed beverage establishment;
(2)  furnish or lend any money, service, or other thing of value to a mixed beverage permittee or guarantee the fulfillment of a financial obligation of a mixed beverage permittee;
(3)  enter or offer to enter into an agreement, condition, or system which in effect amounts to the shipment and delivery of alcoholic beverages on consignment;
(4)  furnish, rent, lend, or sell to a mixed beverage permittee any equipment, fixtures, or supplies used in the selling or dispensing of alcoholic beverages;
(5)  pay or make an allowance to a mixed beverage permittee for a special advertising or distributing service, or allow the permittee an excessive discount;
(6)  offer to a mixed beverage permittee a prize, premium, or other inducement, except as permitted by Section 102.07(b) of this code;  or
(7)  advertise in the convention program or sponsor a function at a meeting or convention or a trade association of holders of mixed beverage permits, unless the trade association was incorporated before 1950.
Acts 1977, 65th Leg., p. 499, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1977, 65th Leg., p. 1183, ch. 453, Sec. 9, eff. Sept. 1, 1977;  Acts 1979, 66th Leg., p. 2118, ch. 819, Sec. 10, eff. June 13, 1979;  Acts 1983, 68th Leg., p. 1352, ch. 278, Sec. 53, eff. Sept. 1, 1983.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 282, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.05. Hotel: Multiple Interests Authorized

Sec. 102.05.  HOTEL: MULTIPLE INTERESTS AUTHORIZED.  A hotel may hold a package store permit, mixed beverage permit, wine and malt beverage retailer's permit, and retail dealer's license if the businesses are completely segregated from each other.
Acts 1977, 65th Leg., p. 499, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 283, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.06. Relationship Between Agent and Package Store

Sec. 102.06.  RELATIONSHIP BETWEEN AGENT AND PACKAGE STORE. An agent acting under Chapter 35 or 36 may not directly or indirectly have an interest in a package store permit or wine only package store permit or be residentially domiciled with a person who has a financial interest in a package store permit or wine only package store permit.
Acts 1977, 65th Leg., p. 499, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 284, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.071. Sale of Glassware and Nonalcoholic Beverages

Sec. 102.071.  SALE OF GLASSWARE AND NONALCOHOLIC BEVERAGES.  (a)  In this section:
(1)  "Branded glassware" means glassware that contains the name, emblem, or logo of or any reference to a brand of alcoholic beverage.
(2)  "Unbranded glassware" means glassware that does not contain the name, emblem, or logo of or any reference to a brand of alcoholic beverage.
(b)  Notwithstanding Sections 102.04 and 102.07 or any other provision of this code, the holder of a wholesaler's permit who is primarily engaged in the wholesale sale of distilled spirits and wine may sell branded or unbranded glassware to retailers, provided that the glassware is not marketed or sold in a manner:
(1)  to influence a retailer to purchase any quantity of alcoholic beverages;
(2)  to affect the terms by which a retailer may purchase alcoholic beverages; or
(3)  that threatens the independence of a retailer.
(c)  Section 102.32 applies to payment for unbranded glassware or glassware bearing the name, emblem, or logo of a brand of distilled spirits or wine by the holder of a wholesaler's permit under Subsection (b).
(d)  Sections 61.73 and 102.31 apply to payment for glassware bearing the name, emblem, or logo of a brand of malt beverage by the holder of a distributor's license.
(e)  For the purposes of Subchapters C and D, the sale, by the holder of a distributor's license, of a nonalcoholic beverage produced or sold by a brewer of malt beverages and that bears the name, emblem, logo, or brand of a brewer of malt beverages is the same as a sale of malt beverages.
Added by Acts 2009, 81st Leg., R.S., Ch. 196 (H.B. 3413), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 288, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.08. Wholesaler: Liquor Manufactured by Affiliate

Sec. 102.08.  WHOLESALER:  LIQUOR MANUFACTURED BY AFFILIATE.  (a)  No holder of a wholesaler's permit may own, possess, or sell any liquor manufactured, distilled, or rectified by a person, firm, or corporation that is directly or indirectly affiliated with the wholesale permittee, regardless of whether the affiliation is corporate, by management, direction, or control, or through an officer, director, agent, or employee.
(b)  This section does not apply to a holder of a wholesaler's permit who held the permit on January 1, 1941, and has held it continuously since that date, who was on that date selling liquor manufactured, distilled, or rectified by such an affiliate.
Acts 1977, 65th Leg., p. 500, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.09. Wholesaler: Interest in Distiller and Rectifier

Sec. 102.09.  WHOLESALER:  INTEREST IN DISTILLER AND RECTIFIER.  No holder of a wholesaler's permit may be affiliated with the holder of a distiller's and rectifier's permit, or with a person, firm, or corporation engaged in distilling or rectifying liquor inside or outside this state, regardless of whether the affiliation is direct or indirect, through an officer, director, agent, or employee, or by management, direction, or control.
Acts 1977, 65th Leg., p. 500, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 1353, ch. 278, Sec. 54, eff. Sept. 1, 1983.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.10. Distiller and Rectifier: Interest in Wholesaler

Sec. 102.10.  DISTILLER AND RECTIFIER:  INTEREST IN WHOLESALER.  (a)  This section applies to the following:
(1)  a holder of a distiller's and rectifier's permit;
(2)  a person, firm, or corporation engaged in distilling or rectifying liquor, either inside or outside this state;
(3)  an officer, director, agent, or employee of an entity named in Subdivision (1) or (2) of this subsection;  or
(4)  an affiliate of an entity named in Subdivision (1) or (2) of this subsection, regardless of whether the affiliation is corporate or by management, direction, or control.
(b)  No entity named in Subsection (a) of this section may have any interest in the permit, business, assets, or corporate stock of a holder of a wholesaler's permit.
Acts 1977, 65th Leg., p. 500, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 1353, ch. 278, Sec. 55, eff. Sept. 1, 1983.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.11. Brewer or Distributor: Prohibited Interests

Sec. 102.11.  BREWER OR DISTRIBUTOR: PROHIBITED INTERESTS.  A brewer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may not:
(1)  own any interest in the business or premises of a retail dealer of malt beverages; or
(2)  hold or have an interest in a license to sell brewery products for on-premises consumption, except to the extent that a brewer's license permits on-premises consumption.
Acts 1977, 65th Leg., p. 501, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 289, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.12. Commercial Bribery by Brewer or Distributor

Sec. 102.12.  COMMERCIAL BRIBERY BY BREWER OR DISTRIBUTOR.  A brewer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may not give or permit to be given money or any thing of value in an effort to induce agents, employees, or representatives of customers or prospective customers to influence their employers or principals to purchase or contract to purchase brewery products from the brewer or distributor or to refrain from buying those products from other persons.
Acts 1977, 65th Leg., p. 501, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 290, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.13. Exclusive Outlet Agreement as to Brewery Products

Sec. 102.13.  EXCLUSIVE OUTLET AGREEMENT AS TO BREWERY PRODUCTS.  A brewer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may not require, by agreement or otherwise, that a retailer engaged in the sale of brewery products purchase any of those products from the brewer to the total or partial exclusion of the products sold or offered for sale by a competitor or require the retailer to take or dispose of a certain quota of the product.
Acts 1977, 65th Leg., p. 501, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 291, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.14. Brewer or Distributor: Furnishing Equipment or Fixtures

Sec. 102.14.  BREWER OR DISTRIBUTOR: FURNISHING EQUIPMENT OR FIXTURES.  (a)  A brewer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may not furnish, give, rent, lend, or sell any equipment, fixtures, or supplies to a person engaged in selling brewery products for on-premises consumption.
(b)  This section does not apply to equipment, fixtures, or supplies furnished, given, loaned, rented, or sold before November 16, 1935, except that transactions made before that date may not be used as consideration for an agreement made after that date with respect to the purchase of brewery products.  If a brewer or distributor of brewery products or an agent or employee of one of them removes the equipment, fixtures, or supplies from the premises of the person to whom they were furnished, given, loaned, rented, or sold, the exemption granted by this subsection no longer applies to the equipment, fixtures, or supplies.
(c)  Notwithstanding any other provision of this code, a brewer or distributor may, with written approval of the administrator, sell for cash devices designed to extract brewery products from legal containers subject to the following conditions:
(1)  the legal containers must not exceed a one-eighth barrel capacity and must not be reused or refilled;
(2)  the selling price of such devices may be no less than the cost of acquisition to the brewer or distributor; and
(3)  such devices which extract brewery products from legal containers covered by this section may not be furnished, given, rented, or sold by the brewer or distributor to a licensee or permittee authorized to sell or serve brewery products for on-premise consumption, or to the ultimate consumer.
Acts 1977, 65th Leg., p. 501, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 2664, ch. 719, Sec. 1, eff. June 16, 1981.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 292, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.15. Brewer or Distributor: Prohibited Dealings With Retailer

Sec. 102.15.  BREWER OR DISTRIBUTOR: PROHIBITED DEALINGS WITH RETAILER.  (a)  Except as provided by Subsection (b), a brewer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may not:
(1)  furnish, give, or lend any money or other thing of value to a person engaged or about to be engaged in selling brewery products for on-premises or off-premises consumption, or give the person any money or thing of value for the person's use, benefit, or relief; or
(2)  guarantee the repayment of a loan or the fulfillment of a financial obligation of a person engaged in or about to be engaged in selling malt beverages at retail.
(b)  Subsection (a) does not prohibit a brewer or distributor from prearranging or preannouncing a promotional activity otherwise permitted by this code with a retailer about a promotional activity to be held on the retailer's premises.  Notwithstanding any other provision, a brewer or distributor may:
(1)  preannounce a promotion to a consumer; or
(2)  preannounce the purchase of malt beverages to a consumer.
Acts 1977, 65th Leg., p. 502, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 16, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 293, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.16. Unlawful Agreements

Sec. 102.16.  UNLAWFUL AGREEMENTS.  (a)  A brewer, distiller and rectifier, winery permittee, or alcoholic beverage manufacturer, or the agent, servant, or employee of any of them, commits an offense if he orally or in writing enters or offers to enter into an agreement or other arrangement with a wholesaler or other person in the state:
(1)  by which a person is required or influenced, or that is intended to require or influence a person, to purchase, otherwise obtain, produce, or require a certain volume or quota of business, more or less, of one or more types or brands of alcoholic beverages, either in a certain area, in a certain period of time, or on fulfillment of any condition;  or
(2)  to require or influence a person, or attempt to require or influence a person, to sell an alcoholic beverage in a manner contrary to law or in a manner calculated to induce a violation of the law.
(b)  The commission or administrator shall investigate suspected violations of this section, and if either of them finds or has good reason to believe that this section has been or is being violated, the commission or administrator shall give the affected parties notice of hearing as provided in this code.  On finding that a person has violated or is violating a provision of this section, the commission or administrator shall enter an order prohibiting the violator or his agents to directly or indirectly ship any of his goods into the state for a period not to exceed one year.  No person may violate that order.
(c)  The commission shall adopt necessary rules to effectuate this section.
Acts 1977, 65th Leg., p. 502, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 1353, ch. 278, Sec. 56, eff. Sept. 1, 1983.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.17. Contract for Sale of Liquor

Sec. 102.17.  CONTRACT FOR SALE OF LIQUOR.  A distiller and rectifier, winery permittee, or nonresident seller of liquor and the holder of a wholesaler's permit may enter into a contract for the sale and purchase of a specified quantity of liquor to be delivered over an agreed period of time, but only if the contract is first submitted to the commission or administrator and found by the commission or administrator not to be calculated to induce a violation of this code.
Acts 1977, 65th Leg., p. 502, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 1354, ch. 278, Sec. 57, eff. Sept. 1, 1983.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 294, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.18. Brewer: Prohibited Interests

Sec. 102.18.  BREWER: PROHIBITED INTERESTS.  (a)  This section applies to the following:
(1)  a holder of a brewer's or nonresident brewer's license;
(2)  an officer, director, agent, or employee of an entity named in Subdivision (1); or
(3)  an affiliate of an entity named in Subdivision (1), regardless of whether the affiliation is corporate or by management, direction, or control.
(b)  An entity named in Subsection (a) may not have any interest in the license, business, assets, or corporate stock of a holder of a general or branch distributor's license.
Added by Acts 1979, 66th Leg., p. 1973, ch. 777, Sec. 24, eff. Aug. 27, 1979.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 295, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.19. Promotional Gift Wine

Sec. 102.19.  PROMOTIONAL GIFT WINE.  A holder of a winery permit may give one or more unopened bottles of Texas-made wine produced or bottled by the winery to a person 21 years of age or older on the premises of a convention center or civic center that holds a mixed beverage permit if no charge is made by the winery or by the mixed beverage permittee for the wine.  A recipient of a bottle of wine under this section must take the unopened gift bottle off the premises of the mixed beverage permittee.
Added by Acts 1993, 73rd Leg., ch. 649, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.20. Restocking and Rotation of Alcoholic Beverages Authorized

Sec. 102.20.  RESTOCKING AND ROTATION OF ALCOHOLIC BEVERAGES AUTHORIZED.  Restocking of a display and rotation of alcoholic beverage stock in a retail establishment from the retailer's storeroom, salesroom, display counter, or cooler by a representative of a wholesaler or distributor is lawful.  The commission or administrator may publish guidelines regarding this activity as the commission or administrator determines to be necessary.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 66, eff. Sept. 1, 1993.  Renumbered from Alcoholic Beverage Code Sec. 102.19 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(1), eff. Sept. 1, 1995.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.21. Continuity of Certain Protections for Malt Beverage Distributors

Sec. 102.21.  CONTINUITY OF CERTAIN PROTECTIONS FOR MALT BEVERAGE DISTRIBUTORS.  The protections provided to malt beverage distributors by Subchapters C and D apply regardless of whether there is a transfer or change of ownership of a brand at the manufacturing level.
Added by Acts 2009, 81st Leg., R.S., Ch. 894 (S.B. 2580), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 296, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter A. General Provisions › Section 102.22. Verification of Use of Facilities

Sec. 102.22.  VERIFICATION OF USE OF FACILITIES.  (a)  A person who holds a license issued under Chapter 62 or 63 shall verify to the commission on an annual basis that a brewing facility owned or controlled by the license holder is not used to produce malt beverages primarily for a specific retailer or the retailer's affiliates.
(b)  The commission shall adopt a form for the verification required under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1074 (H.B. 3307), Sec. 9, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 297, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter B. Regulation of Credit Transactions › Section 102.31. Cash Payment Required

Sec. 102.31.  CASH PAYMENT REQUIRED.  (a)  This section applies to:
(1)  the sale of malt beverages or malt beverage containers or the original packages in which malt beverages are received, packaged, or contained by a distributor's licensee to a retail dealer's on-premise or off-premise licensee, a wine and malt beverage retailer's permittee, or a wine and malt beverage retailer's off-premise permittee; and
(2)  the sale of malt beverages by a local distributor's permittee, or by any licensee authorized to sell those beverages for resale, to a mixed beverage permittee.
(b)  No person directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may make a sale covered by this section except for cash on or before delivery to the purchaser.
(c)  A person who engages in a subterfuge by which credit is extended to the purchaser violates this code.  Acceptance of a postdated check is not a cash sale, but a valid check or draft payable on demand may be accepted as cash.  If a check or draft is accepted in payment, it must be deposited in the bank for payment or presented for payment within two days after it is received.  If the check or draft is dishonored by the drawee, the licensee or permittee who accepted it shall report that fact to the commission within two days after receiving notice of dishonor.  The report shall be on a form prescribed by the commission and shall contain any information the commission requires.
(d)  Sundays and legal holidays are not counted in determining time periods under this section.
(e)  The commission may promulgate rules to give effect to this section.
Acts 1977, 65th Leg., p. 502, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 55, ch. 33, Sec. 8, eff. Aug. 27, 1979.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 298, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter C. Territorial Limits on Sale of Malt Beverages › Section 102.51. Setting of Territorial Limits

Sec. 102.51.  SETTING OF TERRITORIAL LIMITS.  (a)  Each holder of a brewer's or nonresident brewer's license shall designate territorial limits in this state within which the brands of malt beverages the licensee brews may be sold by general or branch distributor's licensees.
(b)  Each holder of a general or branch distributor's license shall enter into a written agreement with each brewer from which the distributor purchases malt beverages for distribution and sale in this state setting forth the sales territory within which each brand of malt beverage purchased by that distributor may be distributed and sold.  No holder of a general or branch distributor's license shall make any sales of any brand of malt beverage outside the sales territory specified in the written agreement.  No such agreement shall interfere with the rights of retailers to purchase malt beverages as provided in Section 102.53.  A brewer may not assign all or any part of the same sales territory to more than one distributor.  A copy of the agreement and any amendments to it shall be filed with the administrator.
(c)  This Act is promulgated pursuant to the authority of the state under the provisions of the Twenty-first Amendment to the United States Constitution to promote the public interest in the fair, efficient, and competitive distribution of malt beverages, to increase competition in such areas, and to assure product quality control and accountability by allowing brewers to assign sales territories within this state.
Acts 1977, 65th Leg., p. 504, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5229, ch. 959, Sec. 1, eff. Aug. 29, 1983;  Acts 1995, 74th Leg., ch. 152, Sec. 1, eff. May 19, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 301, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter C. Territorial Limits on Sale of Malt Beverages › Section 102.52. Rights of Distributors

Sec. 102.52.  RIGHTS OF DISTRIBUTORS.  Nothing in Section 102.51 limits or alters the right of a holder of a general or branch distributor's license to sell malt beverages to any other holder of a general or branch distributor's license, except that a distributor who has purchased malt beverages from another distributor may distribute and sell the malt beverages only within a territory for which the brewer of the brand has designated that it may be sold by the general or branch distributor making the purchase.
Acts 1977, 65th Leg., p. 504, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 55, ch. 33, Sec. 9, eff. Aug. 27, 1979;  Acts 1993, 73rd Leg., ch. 934, Sec. 67, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 302, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter C. Territorial Limits on Sale of Malt Beverages › Section 102.53. Rights of Retailers

Sec. 102.53.  RIGHTS OF RETAILERS.  Nothing in Section 102.51 or 102.52 limits or alters the right of a holder of a retail license or permit to purchase malt beverages at the licensed premises of any general or branch distributor's licensee in the state and transport those malt beverages to the licensee's licensed premises, except that the retailer may sell the malt beverages only within a territory for which the brewer of the brand has designated that the malt beverages may be sold by a distributor.
Acts 1977, 65th Leg., p. 504, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 55, ch. 33, Sec. 10, eff. Aug. 27, 1979.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 303, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter C. Territorial Limits on Sale of Malt Beverages › Section 102.55. Territorial Assignments; Definitions

Sec. 102.55.  TERRITORIAL ASSIGNMENTS;  DEFINITIONS.  (a)  In this subchapter and Subchapter D, and as the terms relate to an agreement between a brewer and a distributor describing the sales territory in which a distributor may sell the malt beverages of a brewer:
(1)  "Brand" means any word, name, group of letters, symbol, or trademark or a combination of any word, name, group of letters, symbol, or trademark that is adopted and used by a brewer on a label or on packaging to identify a specific malt beverage and to distinguish the malt beverage product from the label or packaging of another malt beverage produced or marketed by any brewer.  The term does not include the name of the brewer unless the name of the brewer is included in the name of the brand.
(2)  "Brand extension" means a brand that incorporates a brand name or brand logo, or a substantial part of an existing brand name or brand logo, of the same brewer.
(3)  "Brewer" means a person who holds a license issued under Chapter 62, 63, or 74.
(b)  A brand extension is not a new or different brand.
(c)  A brewer shall assign a brand extension to the distributor to whom the brand was originally assigned, if the distributor elects to distribute and sell the brand extension.
Added by Acts 1995, 74th Leg., ch. 152, Sec. 2, eff. May 19, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 750 (S.B. 515), Sec. 7, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 306, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter C. Territorial Limits on Sale of Malt Beverages › Section 102.56. Application of Territorial Limits to Certain Permit Holders

Sec. 102.56.  APPLICATION OF TERRITORIAL LIMITS TO CERTAIN PERMIT HOLDERS.  (a)  This section applies only to a holder of a local distributor's permit under Chapter 23 that operates in a county in which 8,000 or more alcoholic beverage licenses or permits of any type have been issued under this code and are in effect.  Subsections (b) and (d) apply only to the delivery of a brand of malt beverage to a holder of a mixed beverage permit or a private club permit whose premises is located in a county in which 8,000 or more alcoholic beverage licenses or permits of any type have been issued under this code and are in effect.
(b)  A holder of a local distributor's permit under Chapter 23 who has purchased a brand of malt beverage from the holder of a general or branch distributor's license may not deliver the brand of malt beverage to any holder of a mixed beverage permit or private club permit whose premises is located inside that county and outside the territory assigned to the distributor who sold the product under a territorial limit agreement authorized by this subchapter.
(c)  Except as provided by Subsection (d), a holder of a local distributor's permit may purchase a brand of malt beverage only from a distributor who has been assigned the territory where the premises of the holder of the local distributor's permit is located.
(d)  A holder of a local distributor's permit who delivers a brand of malt beverage to a holder of a mixed beverage permit or private club permit whose premises is located inside that county and outside the assigned territory where the premises of the holder of a local distributor's permit is located must purchase the brand of malt beverage from a distributor who has been assigned the territory where the premises of the holder of the mixed beverage or private club permit is located.
Added by Acts 1997, 75th Leg., ch. 1164, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 307, eff. September 1, 2021.
Text of subchapter effective on September 1, 2021
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter D. Malt Beverage Industry Fair Dealing Law › Section 102.71. Definitions

Sec. 102.71.  DEFINITIONS.  In this subchapter:
(1)  "This Act" means this subchapter which shall have the short title and may be cited as the "Malt Beverage Industry Fair Dealing Law."
(2)  "Agreement" means any contract, agreement, or arrangement, whether expressed or implied, whether oral or written, for a definite or indefinite period between a brewer and a distributor pursuant to which a distributor has the right to purchase, resell, and distribute any brand or brands of malt beverage offered by a brewer.
(3)  "Distributor" means those persons licensed under Section 64.01 or 65.01 of this code.
(4)  "Brewer" means those persons licensed under Section 62.01, 63.01, or 74.01.
(6)  "Good cause" means the failure by any party to an agreement, without reasonable excuse or justification, to comply substantially with an essential, reasonable, and commercially acceptable requirement imposed by the other party under the terms of an agreement.
(5)  "Territory" or "sales territory" means the geographic area of distribution and sale responsibility designated by an agreement between a distributor and brewer, as provided in Section 102.51 of this code, for any brands of the brewer.
Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff. April 8, 1981.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 309, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 102 - Intra-Industry Relationships › Subchapter D. Malt Beverage Industry Fair Dealing Law › Section 102.72. Purposes

Sec. 102.72.  PURPOSES.  (a)  This Act is promulgated pursuant to authority of the state under the provisions of the 21st amendment to the United States Constitution to promote the public's interest in the fair, efficient, and competitive distribution of malt beverages within this state by requiring brewers and distributors to conduct their business relations so as to assure:
(1)  that the malt beverage distributor is free to manage its business enterprise, including the right to independently establish its selling prices; and
(2)  that the public, retailers, and brewers are served by distributors who will devote their reasonable efforts and resources to the sales and distribution of all the brewer's products which the distributor has the right to sell and distribute and maintain satisfactory sales levels in the sales territory assigned the distributor.
(b)  This Act shall govern all relations between brewers and their distributors, including any renewals or amendments to agreements between them, to the full extent consistent with the constitutions and laws of this state and the United States.
(c)  The effect of this Act may not be varied by agreement.  Any agreement purporting to do so is void and unenforceable to the extent of such variance only.
Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff. April 8, 1981.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 310, eff. September 1, 2021.