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.
Structure Texas Statutes
Title 4 - Regulatory and Penal Provisions
Chapter 102 - Intra-Industry Relationships
Subchapter A. General Provisions
Section 102.01. Tied House Prohibited
Section 102.02. Providing Samples
Section 102.03. Persons Barred From Interest in Premises of Retail Liquor Outlet
Section 102.04. Persons Barred From Interest in Mixed Beverage Business
Section 102.05. Hotel: Multiple Interests Authorized
Section 102.06. Relationship Between Agent and Package Store
Section 102.07. Prohibited Dealings With Retailer or Consumer
Section 102.071. Sale of Glassware and Nonalcoholic Beverages
Section 102.08. Wholesaler: Liquor Manufactured by Affiliate
Section 102.09. Wholesaler: Interest in Distiller and Rectifier
Section 102.10. Distiller and Rectifier: Interest in Wholesaler
Section 102.11. Brewer or Distributor: Prohibited Interests
Section 102.12. Commercial Bribery by Brewer or Distributor
Section 102.13. Exclusive Outlet Agreement as to Brewery Products
Section 102.14. Brewer or Distributor: Furnishing Equipment or Fixtures
Section 102.15. Brewer or Distributor: Prohibited Dealings With Retailer
Section 102.16. Unlawful Agreements
Section 102.17. Contract for Sale of Liquor
Section 102.18. Brewer: Prohibited Interests
Section 102.19. Promotional Gift Wine
Section 102.20. Restocking and Rotation of Alcoholic Beverages Authorized
Section 102.21. Continuity of Certain Protections for Malt Beverage Distributors