Texas Alcoholic Beverage Code
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 wholesalers 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 wholesalers 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 wholesalers permit or a distributors license.

(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 distributors license.

(e)

For the purposes of Subchapters C and D, the sale, by the holder of a distributors license, of a nonalcoholic beverage produced or sold by a manufacturer of malt beverages and that bears the name, emblem, logo, or brand of a manufacturer of malt beverages is the same as a sale of beer.

(e)

For the purposes of Subchapters C and D, the sale, by the holder of a distributors 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.
Sec. 102.08. WHOLESALER: LIQUOR MANUFACTURED BY AFFILIATE. (a) No holder of a wholesalers 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 wholesalers 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.
Sec. 102.09. WHOLESALER: INTEREST IN DISTILLER AND RECTIFIER. No holder of a wholesalers permit may be affiliated with the holder of a distillers and rectifiers 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.
Sec. 102.10. DISTILLER AND RECTIFIER: INTEREST IN WHOLESALER. (a) This section applies to the following:

(1)

a holder of a distillers and rectifiers 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 wholesalers 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.
Sec. 102.11. MANUFACTURER OR DISTRIBUTOR: PROHIBITED INTERESTS. No manufacturer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may:

(1)

own any interest in the business or premises of a retail dealer of beer;

(2)

hold or have an interest in a license to sell brewery products for on-premises consumption, except to the extent that a manufacturers 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.
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 brewers 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.
Source
Last accessed
Oct. 18, 2019