Texas Alcoholic Beverage Code
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 "Beer 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 manufacturer and a distributor pursuant to which a distributor has the right to purchase, resell, and distribute any brand or brands of beer offered by a manufacturer.

(3)

"Distributor" means those persons licensed under Section 64.01 or 65.01 of this code.

(4)

"Manufacturer" means those persons licensed under Section 62.01, 63.01, or 74.01.

(5)

"Territory" or "sales territory" means the geographic area of distribution and sale responsibility designated by an agreement between a distributor and manufacturer, as provided in Section 102.51 of this code, for any brands of the manufacturer.

(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.
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. 750 (S.B. 515), Sec. 8, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 309, eff. September 1, 2021.

(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.
Source
Last accessed
Oct. 23, 2019