Sec. 102.72. PURPOSES. (a) This Act is promulgated pursuant to authority of the state under the provisions of the 21st amendment to the United States Constitution to promote the public's interest in the fair, efficient, and competitive distribution of malt beverages within this state by requiring brewers and distributors to conduct their business relations so as to assure:
(1) that the malt beverage distributor is free to manage its business enterprise, including the right to independently establish its selling prices; and
(2) that the public, retailers, and brewers are served by distributors who will devote their reasonable efforts and resources to the sales and distribution of all the brewer's products which the distributor has the right to sell and distribute and maintain satisfactory sales levels in the sales territory assigned the distributor.
(b) This Act shall govern all relations between brewers and their distributors, including any renewals or amendments to agreements between them, to the full extent consistent with the constitutions and laws of this state and the United States.
(c) The effect of this Act may not be varied by agreement. Any agreement purporting to do so is void and unenforceable to the extent of such variance only.
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. 310, eff. September 1, 2021.
Structure Texas Statutes
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
Section 102.75. Prohibited Conduct
Section 102.76. Transfer of Business Assets or Stock
Section 102.77. Reasonable Compensation
Section 102.78. Right of Free Association
Section 102.79. Judicial Remedies
Section 102.80. Coverage and Effective Date