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.
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