reglab/statecodes huggingface dataset:
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 102.73. Termination and Notice of Cancellation

Sec. 102.73.  TERMINATION AND NOTICE OF CANCELLATION.  (a)  Except as provided in Subsection (c), and except as may be specifically agreed upon at the time by the parties, a brewer or beer distributor may not cancel, fail to renew, or otherwise terminate an agreement unless the brewer or distributor furnishes prior notification in accordance with Subsection (b) to the affected party.
(b)  The notification required under Subsection (a) of this section shall be in writing and must be received by the affected party not less than 90 days before the date on which the agreement will be cancelled, not renewed, or otherwise terminated.  Such notification shall contain a statement of intention to cancel, failure to renew, or otherwise terminate an agreement, a statement of reasons therefor, and the date on which such action shall take effect.
(c)  A brewer or distributor may cancel, fail to renew, or otherwise terminate an agreement without furnishing any prior notification for any of the following reasons:
(1)  in the event of insolvency or bankruptcy or dissolution or liquidation of the other party;
(2)  in the event the other party shall make an assignment for the benefit of creditors or similar disposition of substantially all of the assets of such party's business;
(3)  in the event of a conviction or plea of guilty or no contest to a charge of violating a law or regulation or the revocation or suspension of a license or permit for a period of 30 days or more relating to the business and which materially and adversely affects the party's ability to continue in business; or
(4)  in the event of the failure to pay amounts owing the other when due, upon demand therefor, in accordance with agreed payment terms.
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. 311, 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 102.74. Cancellation

Sec. 102.74.  CANCELLATION.  A malt beverage brewer or distributor may not cancel, fail to renew, or otherwise terminate an agreement unless the party intending such action has good cause for such cancellation, failure to renew, or termination and, in any case in which prior notification is required under Section 102.73, the party intending to act has furnished said prior notification and the affected party has not eliminated the reasons specified in such notification as the reasons for cancellation, failure to renew, or termination within 90 days after the receipt of such notification.
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. 312, 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 102.75. Prohibited Conduct

Sec. 102.75.  PROHIBITED CONDUCT.  (a)  A brewer may not:
(1)  induce or coerce, or attempt to induce or coerce, any distributor to engage in any illegal act or course of conduct;
(2)  require a distributor to assent to any unreasonable requirement, condition, understanding, or term of an agreement prohibiting a distributor from selling the product of any other brewer;
(3)  fix or maintain the price at which a distributor may resell malt beverages;
(4)  fail to provide to each distributor of its brands a written contract which embodies the brewer's agreement with its distributor;
(5)  require any distributor to accept delivery of any malt beverages or any other item or commodity which shall not have been ordered by the distributor;
(6)  adjust the price at which the brewer sells malt beverages to a distributor based on the price at which a distributor resells malt beverages to a retailer, but a brewer is free to set its own price so long as any price adjustment is based on factors other than a distributor's increase in the price it charges to a retailer and not intended to otherwise coerce illegal behavior under this section; or
(7)  accept payment in exchange for an agreement setting forth territorial rights.
(b)  Nothing in this section shall interfere with the rights of a brewer or distributor to enter into contractual agreements that could be construed as governing ordinary business transactions, including, but not limited to, agreements concerning allowances, rebates, refunds, services, capacity, advertising funds, promotional funds, or sports marketing funds.
(c)  It is the public policy and in the interest of this state to assure the independence of members of the three-tier system, but nothing in this code may be construed to prohibit contractual agreements between members of the same tier who hold the same licenses and permits.
Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff. April 8, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 555 (S.B. 639), Sec. 1, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 313, 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 102.76. Transfer of Business Assets or Stock

Sec. 102.76.  TRANSFER OF BUSINESS ASSETS OR STOCK.  (a) A brewer may not unreasonably withhold or delay its approval of any assignment, sale, or transfer of the stock of a distributor or all or any portion of a distributor's assets, distributor's voting stock, the voting stock of any parent corporation, or the beneficial ownership or control of any other entity owning or controlling the distributor, including the distributor's rights and obligations under the terms of an agreement whenever the person or persons to be substituted meet reasonable standards imposed not only upon the distributor but upon all other distributors of that brewer of the same general class, taking into account the size and location of the sales territory and market to be served.  Upon the death of one of the partners of a partnership operating the business of a distributor, a brewer may not deny the surviving partner or partners of such partnership the right to become a successor-in-interest to the agreement between the brewer and such partnership.  Provided that the survivor has been active in the management of the partnership or is otherwise capable of carrying on the business of the partnership.
(b)  Notwithstanding the provisions of Subsection (a), upon the death of a distributor a brewer may not deny approval for any transfer of ownership to a surviving spouse or adult child of an owner of a distributor;  provided, however, that such subsequent transfers of such ownership by such surviving spouse or adult child shall thereafter be subject to the provisions of Subsection (a).
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. 314, 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 102.77. Reasonable Compensation

Sec. 102.77.  REASONABLE COMPENSATION.  (a)  Any brewer who, without good cause, cancels, terminates, or fails to renew any agreement, or unlawfully denies approval of, or unreasonably withholds consent, to any assignment, transfer, or sale of a distributor's business assets or voting stock or other equity securities, shall pay such distributor with whom it has an agreement pursuant to Section 102.51 the fair market value of the distributor's business with relation to the affected brand or brands.  In determining fair market value, consideration shall be given to all elements of value, including goodwill and going concern value.
(b)  In the event that the brewer and the distributor are unable to mutually agree on whether or not good cause exists for cancellation under Section 102.74 or on the reasonable compensation to be paid for the value of the distributor's business, as defined herein, the matter may, at the option of either the distributor or brewer, be submitted to three arbitrators, one of whom shall be named in writing by each party and the third of whom shall be chosen by the two arbiters so selected.  Should the arbiters selected fail to choose a third arbiter within 10 days, a judge of a district court in the county in which the distributor's principal place of business is located shall select the third arbiter.  Arbitration shall be conducted in accordance with Chapter 171, Civil Practice and Remedies Code.  Arbitration costs shall be paid one-half by the distributor and one-half by the brewer.  The award of the arbitrators shall be binding on the parties unless appealed within 10 days from the date of the award.  All proceedings on appeal shall be in accordance with and governed by Chapter 171, Civil Practice and Remedies Code.
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. 315, 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 102.78. Right of Free Association

Sec. 102.78.  RIGHT OF FREE ASSOCIATION. A brewer or distributor may not restrict or inhibit, directly or indirectly, the right of free association among brewers or distributors for any lawful purpose.
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. 316, 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 102.79. Judicial Remedies

Sec. 102.79.  JUDICIAL REMEDIES.  (a)  If a brewer or distributor who is a party to an agreement pursuant to Section 102.51 fails to comply with this Act or otherwise engages in conduct prohibited under this Act, or if a brewer and distributor are not able to mutually agree on reasonable compensation under Section 102.77 and the matter is not to be submitted to arbitration, the aggrieved brewer or distributor may maintain a civil action in a court of competent jurisdiction in the county in which the distributor's principal place of business is located.
(b)  In any action under Subsection (a) of this section, the court may grant such relief as the court determines is necessary or appropriate considering the purposes of this Act.
(c)  The prevailing party in any action under Subsection (a) of this section shall be entitled to actual damages, including the value of the distributor's business, as specified in Section 102.77 of this code, reasonable attorney's fees, and court costs.
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. 317, 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 102.80. Coverage and Effective Date

Sec. 102.80.  COVERAGE AND EFFECTIVE DATE.  This Act shall cover agreements in existence on the date of enactment of this Act and also shall apply to agreements entered into and any cancellation, termination, failure to renew, amendment, or material modification of any agreement occurring after the date of enactment of this Act.
Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff. April 8, 1981.
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 102.81. Malt Beverages

Sec. 102.81.  MALT BEVERAGES.  This subchapter and Subchapter C apply to agreements concerning all malt beverages in the same manner.
Added by Acts 1987, 70th Leg., ch. 303, Sec. 4, eff. June 11, 1987.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 318, 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 102.82. Statute of Limitations

Sec. 102.82.  STATUTE OF LIMITATIONS.  A person must bring suit on an action arising under this chapter not later than four years after the day the cause of action accrues.  If a termination related to a change in ownership of the brand occurs, the cause of action accrues when either the new brand owner or the transferring or selling brand owner provides notice of termination to the distributor.
Added by Acts 2009, 81st Leg., R.S., Ch. 894 (S.B. 2580), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.01. Illicit Beverages Prohibited

Sec. 103.01.  ILLICIT BEVERAGES PROHIBITED.  No person may possess, manufacture, transport, or sell an illicit beverage.
Acts 1977, 65th Leg., p. 505, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.02. Equipment or Material for Manufacture of Illicit Beverages

Sec. 103.02.  EQUIPMENT OR MATERIAL FOR MANUFACTURE OF ILLICIT BEVERAGES.  No person may possess equipment or material designed for, capable of use for, or used in manufacturing an illicit beverage.
Acts 1977, 65th Leg., p. 505, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.03. Seizure of Illicit Beverages, Etc

Sec. 103.03.  SEIZURE OF ILLICIT BEVERAGES, ETC.  A peace officer may seize without a warrant:
(1)  any illicit beverage, its container, and its packaging;
(2)  any vehicle, including an aircraft or watercraft, used to transport an illicit beverage;
(3)  any equipment designed for use in or used in manufacturing an illicit beverage;  or
(4)  any material to be used in manufacturing an illicit beverage.
Acts 1977, 65th Leg., p. 505, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.04. Arrest of Person in Possession

Sec. 103.04.  ARREST OF PERSON IN POSSESSION.  A peace officer may arrest without a warrant any person found in possession of:
(1)  an illicit beverage;
(2)  any equipment designed for use in or used in manufacturing an illicit beverage;  or
(3)  any material to be used in manufacturing an illicit beverage.
Acts 1977, 65th Leg., p. 505, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.05. Report of Seizure

Sec. 103.05.  REPORT OF SEIZURE.  (a)  A peace officer who makes a seizure under Section 103.03 of this code shall make a report in triplicate which lists each item seized and the place and name of the owner, operator, or other person from whom it is seized.  One copy of the report shall be verified by oath.
(b)  The verified copy shall be retained in the permanent files of the commission or other agency making the seizure.  The copy is subject to inspection by any member of the legislature or by any authorized law enforcement agency of the state.
(c)  One copy of the report shall be delivered to the person from whom the seizure is made.
(d)  A peace officer who makes a false report of the property seized commits a felony punishable by confinement in the Texas Department of Criminal Justice for not less than two years and not more than five years.
(e)  A peace officer who fails to file the reports of a seizure as required by this section commits a misdemeanor punishable by a fine of not less than $50 nor more than $100 or by confinement in jail for not less than 10 nor more than 90 days or by both.  The commission shall insure that the reports are made by peace officers.
Acts 1977, 65th Leg., p. 505, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5222, ch. 954, Sec. 1, eff. Aug. 29, 1983.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.008, eff. September 1, 2009.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.06. Beverage Seized by Peace Officer

Sec. 103.06.  BEVERAGE SEIZED BY PEACE OFFICER.  Any alcoholic beverage, its container, and its packaging which has been seized by a peace officer, as provided in Section 103.03:
(1)  may not be replevied; and
(2)  shall be:
(A)  destroyed or disposed of by a peace officer; or
(B)  delivered to the commission for immediate public or private sale in the manner the commission considers best.
Acts 1977, 65th Leg., p. 506, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 223 (H.B. 763), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.07. Beverage of Illicit Manufacture or Unfit for Consumption

Sec. 103.07.  BEVERAGE OF ILLICIT MANUFACTURE OR UNFIT FOR CONSUMPTION.  (a)  The commission may not sell alcoholic beverages seized by a peace officer, as provided in Section 103.03, that are unfit for public consumption or are of illicit manufacture.
(b)  Alcoholic beverages are unfit for public consumption if:
(1)  the manufacturer or wholesaler of the beverages determines that the beverages are inappropriate for sale to a consumer;
(2)  the beverages are damaged; or
(3)  the code date affixed by the manufacturer to the beverages has expired.
(c)  If the commission determines that seized alcoholic beverages are unfit for public consumption or are of illicit manufacture, the commission shall destroy the alcoholic beverages.
Acts 1977, 65th Leg., p. 506, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2005, 79th Leg., Ch. 1182 (S.B. 1255), Sec. 8, eff. June 18, 2005.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.08. Sale of Malt Beverage

Sec. 103.08.  SALE OF MALT BEVERAGE.  (a)  Any malt beverage, its container, or its packaging which is seized under the terms of this chapter shall be disposed of in accordance with this section.
(b)  On notification that the malt beverage has been seized, the commission shall promptly notify a holder of a general or branch distributor's license who handles the brand of malt beverage seized and who operates in the county in which it was seized.  If the malt beverage was seized in a dry area, the commission shall notify either the general or branch distributor who handles the brand operating nearest the area or the brewer brewing the malt beverage.  The commission and the distributor or brewer shall jointly determine whether the malt beverage is in a salable condition.
(c)  If the malt beverage is determined not to be in a salable condition, the commission shall immediately destroy it.  If it is determined to be in a salable condition, it shall be offered for sale to the distributor or brewer.  If offered to a distributor, the malt beverage shall be sold at the distributor's cost price less any state taxes which have been paid on the malt beverage, F.O.B. the distributor's place of business.  If the malt beverage is offered to a brewer, it shall be sold at the brewer's cost price to its nearest distributor, less any state taxes which have been paid on the malt beverage, F.O.B., the nearest distributor's place of business.  In either case, the storage or warehousing charges necessarily incurred as a result of the seizure shall be added to the cost price.
(d)  If the distributor or brewer does not exercise the right to purchase salable malt beverages or to purchase returnable bottles, containers, or packages at their deposit price within 10 days, the commission shall sell the malt beverages, bottles, containers, or packages at public or private sale as provided in this chapter.
Acts 1977, 65th Leg., p. 506, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 319, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.09. Sale of Liquor

Sec. 103.09.  SALE OF LIQUOR.  (a)  Any liquor, its container, or its packaging which is seized under the terms of this chapter shall be disposed of in accordance with this section.
(b)  On notification that liquor has been seized, the commission shall promptly notify a holder of a wholesaler's permit or a general class B wholesaler's permit who handles the brand of liquor seized and who operates in the county in which it was seized.  If the liquor was seized in a dry area, the commission shall notify the wholesaler who handles the brand seized who operates nearest the area.  The commission and the wholesaler shall jointly determine whether the liquor is in a salable condition.
(c)  If the liquor is determined not to be in a salable condition, the commission shall immediately destroy it.  If it is determined to be in a salable condition, it shall first be offered for sale to the wholesaler notified at the wholesaler's cost price F.O.B. its place of business, plus any storage or warehousing charges necessarily incurred as a result of the seizure.
(d)  If the wholesaler does not exercise the right to purchase salable liquor, containers, or packages at the price specified in this section within 10 days, the commission shall sell the liquor, container, or packages at public or private sale, as provided in this chapter.
Acts 1977, 65th Leg., p. 506, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 320, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.10. Exercise of Discretion in Case of Mistake

Sec. 103.10.  EXERCISE OF DISCRETION IN CASE OF MISTAKE.  (a)  The preceding sections of this subchapter shall not be construed as preventing the commission from exercising its discretion if illicit alcoholic beverages are seized as the result of an accidental shipment or other reasonable mistake.  Under those circumstances, the commission may issue orders and make disposition of the alcoholic beverages as it finds just and reasonable.
(b)  It is a defense to prosecution or to the imposition of a civil or administrative penalty for a violation under this chapter that:
(1)  the holder of a package store permit or the holder of a local distributor's permit:
(A)  purchased an illicit beverage from a vintage distilled spirits seller under Section 22.19 or 23.07 in good faith;
(B)  reasonably believed the illicit beverage was vintage distilled spirits at all times the beverage was in the permit holder's possession; and
(C)  sold the illicit beverage to an authorized purchaser in good faith; and
(2)  an authorized purchaser, to whom the holder of a package store permit or local distributor's permit sold an illicit beverage, reasonably believed the beverage was vintage distilled spirits and not an illicit beverage.
Acts 1977, 65th Leg., p. 507, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 91 (S.B. 1322), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.11. Proceeds From Sale

Sec. 103.11.  PROCEEDS FROM SALE.  (a)  The proceeds from the sale of seized alcoholic beverages, their containers, and their packaging shall be placed in escrow in a suspense account established by the commission for that purpose, pending the outcome of the forfeiture suit provided for in this chapter.
(b)  Proceeds in escrow which are not forfeited to the state as a result of the suit shall be refunded to the alleged violator.  Should the state illegally seize and sell any alcoholic beverages, the person legally entitled to possession of the beverages at the time of the seizure may recover from the state the fair market value of the beverages seized and sold, with the reimbursement paid out of the proceeds held in escrow from the sale and, if the funds in escrow are not sufficient, from the confiscated liquor fund.
Acts 1977, 65th Leg., p. 507, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.12. Ceiling Prices During Emergency

Sec. 103.12.  CEILING PRICES DURING EMERGENCY.  If the federal government provides a method by which illicit alcoholic beverages or other property belonging to or forfeited to the state is sold at ceiling prices during a national emergency, the commission may comply with federal law or regulations in the sale or disposal of the beverages or property, even to the extent of partially or wholly abrogating provisions of this code that are inconsistent with the federal law or regulations.
Acts 1977, 65th Leg., p. 507, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.13. Bonding of Seized Vehicles Pending Suit

Sec. 103.13.  BONDING OF SEIZED VEHICLES PENDING SUIT.  Any person with an ownership or a security interest in a vehicle that has been seized under Section 103.03 may recover possession of the vehicle pending suit for forfeiture by executing a bond with surety equal to double the appraised value of the vehicle.  The bond shall be approved by the officer who made the seizure and shall secure the return of the vehicle to the custody of the seizing officer on the day of trial of the forfeiture suit.
Acts 1977, 65th Leg., p. 507, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.14. Institution of Suit for Forfeiture

Sec. 103.14.  INSTITUTION OF SUIT FOR FORFEITURE.  (a)  The attorney general or the county or district attorney in the county in which a seizure is made shall institute a suit for forfeiture of the property or the proceeds in escrow from any sale of illicit beverages, or both, when notified by the commission or by the seizing officer that a seizure has been made under Section 103.03 of this code.
(b)  The forfeiture suit shall be brought in the name of the State of Texas against the property or the proceeds in escrow, or both, and shall be brought in a court of competent jurisdiction in the county in which the seizure was made.
Acts 1977, 65th Leg., p. 508, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.15. Notice of Forfeiture Suit

Sec. 103.15.  NOTICE OF FORFEITURE SUIT.  (a)  Notice of the pendency of a suit for forfeiture under this chapter shall be served in the manner prescribed by law on any person in possession of the property at the time of seizure.
(b)  If no person was in possession at the time of seizure or if the location of anyone who was in possession is unknown, notice of the suit shall be posted for 20 consecutive days immediately preceding the date of the suit at the courthouse door in the county in which the seizure was made.
Acts 1977, 65th Leg., p. 508, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.16. Forfeiture of a Seized Vehicle

Sec. 103.16.  FORFEITURE OF A SEIZED VEHICLE.  (a)  In a suit for forfeiture of a vehicle seized under Section 103.03 of this code, the state shall have the burden of proving that the vehicle was used to transport an illicit beverage and that all intervenors under Subsection (b) of this section, if any, knowingly violated some provision of this code.
(b)  Any person with an ownership or security interest in the vehicle may intervene in the suit for forfeiture to establish his rights.  An intervenor under the provisions of this section has the burden of proving that he has a valid ownership or security interest in the vehicle.
(c)  If the state fails to prove that the vehicle was used to transport an illicit beverage, the court shall render judgment returning the vehicle to the owner.
(d)  If the state proves that the vehicle was used to transport an illicit beverage and that all intervenors, if any, knowingly violated some provision of this code, the court shall render judgment forfeiting the vehicle to the state.
(e)  If the state proves that the vehicle was used to transport an illicit beverage but fails to prove that any intervenor knowingly violated some provision of this code, the court shall render judgment delivering possession of the vehicle to the innocent intervenor with the highest priority to possession of the vehicle.
Acts 1977, 65th Leg., p. 508, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.17. Forfeiture of Other Seized Property

Sec. 103.17.  FORFEITURE OF OTHER SEIZED PROPERTY.  (a)  In any suit for forfeiture of proceeds in escrow from a sale of illicit beverages or of property other than vehicles, or both, seized under Section 103.03 of this code, the state shall have the burden of proving that:
(1)  the alcoholic beverages were illicit;
(2)  the equipment is designed to be used on or is used in manufacturing an illicit beverage;  or
(3)  the material is to be used in manufacturing an illicit beverage.
(b)  If the state fails to prove the facts necessary for forfeiture, the court shall render judgment returning possession of the property or of the proceeds in escrow to the owner or the person in possession at the time of seizure.
(c)  If the state proves the facts necessary for forfeiture, the court shall render judgment forfeiting the property or the proceeds in escrow, or both, to the state and ordering disposal in accordance with the provisions of Section 103.20 or Section 103.18(c) of this code.
Acts 1977, 65th Leg., p. 508, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.18. Intervention by Secured Creditors

Sec. 103.18.  INTERVENTION BY SECURED CREDITORS.  (a)  In any suit for forfeiture of proceeds in escrow from any sale of illicit beverages or of property other than vehicles, or both, seized under Section 103.03 of this code, any person who has a security interest in any of the seized property may intervene to establish his rights.
(b)  An intervenor under the provisions of this section shall have the burden of proving that he has a valid security interest in the property and that he had no knowledge that the property in which he has a security interest had been used or was to be used in violation of this code at the time the security interest was created.
(c)  If an intervenor under this section establishes a security interest and a lack of knowledge of unlawful use of the property, the court, in the judgment forfeiting the property, shall issue an order of sale directed to the sheriff or any constable of the county in which the property was seized.  The order shall command the sheriff or constable to conduct a sale at the courthouse door of all or part of the property, whichever the court considers proper, in the same manner as personal property is sold under execution.
(d)  The proceeds of a sale under Subsection (c) of this section shall be applied first to the payment of the costs of suit and the expenses incident to the sale.  After the costs of suit and expenses of sale have been approved by the court that tried the suit, any remaining proceeds shall be applied toward payment of creditors secured by the property, according to their priorities.  After all secured creditors are satisfied, any remaining proceeds shall be paid to the commission to be allocated in accordance with the provisions of Section 103.23 of this code.
(e)  If all intervenors under this section fail to establish a valid security interest or lack of knowledge of unlawful use of the property, the court, in the judgment forfeiting the property, shall order disposal of the property in accordance with the provisions of Section 103.20 of this code.
Acts 1977, 65th Leg., p. 509, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.19. Transfer of Security Interests

Sec. 103.19.  TRANSFER OF SECURITY INTERESTS.  All security interests in property sold under this chapter shall be transferred to the proceeds of the sale.
Acts 1977, 65th Leg., p. 509, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.20. Disposition of Forfeited Property

Sec. 103.20.  DISPOSITION OF FORFEITED PROPERTY.  (a)  The commission may sell property, other than proceeds in escrow, forfeited to the state at a public or private sale in the manner the commission considers best.
(b)  If in the opinion of the commission or the administrator the property is needed for the use of the commission, the commission may retain and use the property until it is no longer needed, at which time it shall be sold in accordance with Subsection (a) of this section.
Acts 1977, 65th Leg., p. 509, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.21. Bill of Sale to Purchaser

Sec. 103.21.  BILL OF SALE TO PURCHASER.  When executing a sale under this chapter, the commission or the sheriff or constable shall issue a bill of sale to each purchaser of property.  The bill of sale shall convey a valid and unimpaired title in the property to the purchaser.
Acts 1977, 65th Leg., p. 509, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.22. Costs of Forfeiture Suits

Sec. 103.22.  COSTS OF FORFEITURE SUITS.  The commission is entitled to recover from the proceeds of a forfeiture sale all costs of a forfeiture suit brought under this chapter, including:
(1)  all usual court costs, including the cost of serving process;
(2)  expenses of the forfeiture sale; and
(3)  reasonable attorney's fees.
Acts 1977, 65th Leg., p. 510, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2005, 79th Leg., Ch. 1182 (S.B. 1255), Sec. 9, eff. June 18, 2005.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 103 - Illicit Beverages › Section 103.23. Allocation of Proceeds of Sale

Sec. 103.23.  ALLOCATION OF PROCEEDS OF SALE.  Proceeds from a forfeiture sale and proceeds in escrow which are forfeited to the state in a forfeiture suit shall be disposed of by depositing 35 percent of the proceeds in a separate fund in the state treasury designated as the confiscated liquor fund and depositing 65 percent of the proceeds in the general revenue fund.  The confiscated liquor fund may be appropriated to the commission to defray the expenses of accumulating evidence pertaining to violations of this code;  assembling, storing, transporting, selling, and accounting for confiscated alcoholic beverages, containers, devices, and property;  and any other purposes deemed necessary by the commission in administering and enforcing this code.  Any unexpended balance in the confiscated liquor fund at the end of a biennium shall remain in the fund subject to further appropriation for the same purposes.
Acts 1977, 65th Leg., p. 510, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 104 - Regulation of Retailers › Section 104.01. Lewd, Immoral, Indecent Conduct

Sec. 104.01.  LEWD, IMMORAL, INDECENT CONDUCT.  (a)  A person authorized to sell malt beverages at retail, or the person's agent, servant, or employee, may not engage in or permit conduct on the premises of the retailer which is lewd, immoral, or offensive to public decency, including any of the following acts:
(1)  the use of loud and vociferous or obscene, vulgar, or indecent language, or permitting its use;
(2)  the exposure of a person or permitting a person to expose himself or herself;
(3)  rudely displaying or permitting a person to rudely display a pistol or other deadly weapon in a manner calculated to disturb persons in the retail establishment;
(4)  solicitation of any person to buy drinks for consumption by the retailer or any of the retailer's employees;
(5)  being intoxicated on the licensed premises;
(6)  permitting lewd or vulgar entertainment or acts;
(7)  permitting solicitations of persons for immoral or sexual purposes;
(8)  failing or refusing to comply with state or municipal health or sanitary laws or ordinances; or
(9)  possession of a narcotic or synthetic cannabinoid or any equipment used or designed for the administering of a narcotic or a synthetic cannabinoid or permitting a person on the licensed premises to do so.
(b)  For purposes of Subsection (a)(4), a solicitation is presumed if an alcoholic beverage is sold or offered for sale for an amount in excess of the retailer's listed, advertised, or customary price. The presumption may be rebutted only by evidence presented under oath.
(c)  In this section, "synthetic cannabinoid" means a substance included in Penalty Group 2-A under Section 481.1031, Health and Safety Code.
Acts 1977, 65th Leg., p. 510, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 204, ch. 114, Sec. 1, eff. Aug. 27, 1979;  Acts 1987, 70th Leg., ch. 303, Sec. 7, eff. June 11, 1987;  Acts 1989, 71st Leg., ch. 1200, Sec. 2, eff. June 16, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 825 (H.B. 3982), Sec. 2, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 539 (S.B. 341), Sec. 2, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 321, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 104 - Regulation of Retailers › Section 104.03. Conspiracy; Accepting Unlawful Benefit

Sec. 104.03.  CONSPIRACY;  ACCEPTING UNLAWFUL BENEFIT.  A retail dealer or his agent, servant, or employee commits an offense if he conspires with another person to violate or accepts the benefits of a violation of this code or a valid rule of the commission.
Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 104 - Regulation of Retailers › Section 104.04. Draft Malt Beverage Dispenser: Sign Required

Sec. 104.04.  DRAFT MALT BEVERAGE DISPENSER: SIGN REQUIRED.  A retail dealer may not dispense draft malt beverages unless each faucet or other dispensing apparatus is equipped with a sign clearly indicating the name or brand of the product being dispensed through the faucet or apparatus.  The sign must be in full sight of the purchaser, and the letters on it must be legible.
Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 17, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 322, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 104 - Regulation of Retailers › Section 104.05. Sale in Original Packaging

Sec. 104.05.  SALE IN ORIGINAL PACKAGING.  (a)  This section applies to a permittee or licensee who is authorized to sell malt beverages to an ultimate consumer for consumption off the permitted or licensed premises.
(b)  The holder of a permit or license described in Subsection (a) may resell malt beverages only in the packaging in which the holder received the malt beverages or may resell the contents of the packages as individual containers.
(c)  Except for purposes of resale as individual containers, a licensee or permittee may not:
(1)  mutilate, tear apart, or cut apart original packaging in which malt beverages were received; or
(2)  repackage malt beverages in a manner misleading to the consumer or that results in required labeling being omitted or obscured.
(d)  Nothing in this code prevents a retailer from making a claim for the replacement of alcoholic beverages delivered to the retailer by a wholesaler or distributor in a damaged condition.  A wholesaler or distributor may not give a refund for or replace alcoholic beverages that were damaged while in the possession of the retailer.
(e)  To assure and control product quality, the holder of a distributor's license, at the time of a regular delivery, may withdraw, with the permission of the retailer, a quantity of malt beverages in its undamaged original packaging from the retailer's stock, if:
(1)  the distributor replaces the stock with malt beverages of identical brands, quantities, and packages as the malt beverages withdrawn;
(2)  the stock is withdrawn before the date considered by the brewer of the product to be the date the product becomes inappropriate for sale to a consumer; and
(3)  the quantity of stock withdrawn does not exceed the equivalent of 25 cases of 24 12-ounce containers.
(f)  A consignment sale of an alcoholic beverage is not authorized under Subsection (e) of this section.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 68, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 417 (S.B. 1215), Sec. 1, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 323, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 104 - Regulation of Retailers › Section 104.06. Monitoring of Gross Receipts

Sec. 104.06.  MONITORING OF GROSS RECEIPTS.  (a)  On the issuance and renewal of a license or permit that allows on-premises consumption of any alcoholic beverage the commission shall determine whether the holder receives, or for the issuance of a license or permit is to receive, 51 percent or more of the gross receipts of the premises for which the license or permit is issued from the holder's sale or service of alcoholic beverages for on-premises consumption.
(b)  The commission shall:
(1)  adopt rules for making a determination under Subsection (a);  and
(2)  require a holder of a license or permit to provide any information or document that the commission needs to make a determination.
(c)  If the commission makes a determination under Subsection (a) that a holder of a license or permit receives 51 percent or more of the gross receipts of the premises from the sale or service of alcoholic beverages, the holder shall comply with the requirements of Section 411.204, Government Code, and shall continue to comply with those requirements until the commission determines that the holder receives less than 51 percent of the gross receipts of the premises from the sale or service of alcoholic beverages for on-premises consumption.
Added by Acts 1997, 75th Leg., ch. 1261, Sec. 20, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.22, eff. Sept. 1, 1999.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 104 - Regulation of Retailers › Section 104.07. Posting of Certain Notices Required

Sec. 104.07.  POSTING OF CERTAIN NOTICES REQUIRED.  (a)  The holder of a permit or license under Chapter 25, 26, 28, 32, 69, or 71, other than the holder of a food and beverage certificate, shall display a sign containing the following notice in English and in Spanish:
WARNING:  Obtaining forced labor or services is a crime under Texas law.  Call the national human trafficking hotline:  1-888-373-7888.  You may remain anonymous.
(a-1)  In addition to the notice required under Subsection (a), the sign must include the contact information for reporting suspicious activity to the Department of Public Safety.
(b)  The sign must be at least 8-1/2 inches high and 11 inches wide and displayed in a conspicuous manner clearly visible to the public and employees of the permit or license holder.  The English notice must cover approximately two-thirds of the sign, and the Spanish notice must cover approximately one-third of the sign.
Added by Acts 2007, 80th Leg., R.S., Ch. 155 (S.B. 1287), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 280 (H.B. 3721), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 105 - Hours of Sale and Consumption › Section 105.01. Hours of Sale: Liquor

Sec. 105.01.  HOURS OF SALE:  LIQUOR.  (a)  Except as provided in Sections 105.02, 105.03, 105.04, 105.08, and 105.091, no person may sell, offer for sale, or deliver any liquor:
(1)  on New Year's Day, Thanksgiving Day, or Christmas Day;
(2)  on Sunday; or
(3)  before 10 a.m. or after 9 p.m. on any other day.
(b)  When Christmas Day or New Year's Day falls on a Sunday, Subsection (a) of this section applies to the following Monday.
Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 1973, ch. 777, Sec. 23, eff. Aug. 27, 1979.
Amended by:
Acts 2005, 79th Leg., Ch. 84 (S.B. 571), Sec. 1, eff. May 17, 2005.
Acts 2021, 87th Leg., R.S., Ch. 1028 (H.B. 1518), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 105 - Hours of Sale and Consumption › Section 105.02. Hours of Sale: Wholesalers and Local Distributors to Retailers

Sec. 105.02.  HOURS OF SALE:  WHOLESALERS AND LOCAL DISTRIBUTORS TO RETAILERS.  (a)  A holder of a wholesaler's permit may sell, offer for sale, or deliver liquor to a retailer anytime except Sunday and Christmas Day.
(b)  A local distributor's permittee may sell, offer for sale, or deliver liquor to a retailer between 5 a.m. and 9 p.m. on any day except:
(1)  Sunday;
(2)  Christmas Day; or
(3)  a day on which a package store permittee is prohibited from selling liquor.
Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1977, 65th Leg., p. 1183, ch. 453, Sec. 10, eff. Sept. 1, 1977;  Acts 1979, 66th Leg., p. 1973, ch. 777, Sec. 23, eff. Aug. 27, 1979;  Acts 1993, 73rd Leg., ch. 934, Sec. 69, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 7 (H.B. 2594), Sec. 1, eff. May 5, 2009.