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Texas Laws | Alcoholic Beverage Code
ALCOHOLIC BEVERAGE CODE
TITLE 4. REGULATORY AND PENAL PROVISIONS

Sec. 107.11. IMPORTATION OF PERSONAL COLLECTION. (5000)(Text)

(a) A person who is relocating a household may import, or contract with a motor carrier or another person to import, a personal malt beverage, wine, or distilled spirit collection as a part of that person's household goods. (5001)

(b) Section 107.07 does not apply to a person who is importing a personal malt beverage, wine, or distilled spirit collection under Subsection (a). (5002)

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 83, eff. Sept. 1, 1993. (5003)

Amended by: (5004)

Acts 2011, 82nd Leg., R.S., Ch. 157 (H.B. 1936), Sec. 2, eff. September 1, 2011. (5005)

CHAPTER 108. ADVERTISING (5006)(Text)

SUBCHAPTER A. GENERAL PROVISIONS RELATING TO ADVERTISING (5007)(Text)
Sec. 108.01. DECEPTIVE, DISPARAGING, OR OTHERWISE UNLAWFUL ADVERTISING. (5008)(Text)

(a) No manufacturer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may publish, disseminate, or cause to be published or disseminated by any medium enumerated in Subsection (b) an advertisement of a brewery product that: (5009)

(1) causes or is reasonably calculated to cause deception of the consumer with respect to the product advertised; (5010)

(2) directly or by ambiguity, omission, or inference tends to create a misleading impression; (5011)

(3) is untrue in any particular; (5012)

(4) disparages a competitor's product; or (5013)

(5) is obscene or indecent. (5014)

(b) The media covered by this section include: (5015)

(1) radio broadcasting; (5016)

(2) newspapers, periodicals, and other publications; (5017)

(3) signs and outdoor advertising; and (5018)

(4) any printed or graphic matter. (5019)

Acts 1977, 65th Leg., p. 519, ch. 194, Sec. 1, eff. Sept. 1, 1977. (5020)

Amended by: (5021)

Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 19, eff. September 1, 2013. (5022)

Sec. 108.02. PROHIBITED FORMS OF ADVERTISING. (5023)(Text)

No person may advertise an alcoholic beverage or the sale of an alcoholic beverage by the employment or use of a sound vehicle or handbill on a public street, alley, or highway. (5024)

Acts 1977, 65th Leg., p. 519, ch. 194, Sec. 1, eff. Sept. 1, 1977. (5025)

Sec. 108.03. REGULATION OF PROMOTIONAL ACTIVITIES. (5026)(Text)

The commission shall adopt rules permitting and regulating the use of business cards, menu cards, stationery, service vehicles and equipment, and delivery vehicles and equipment that bear alcoholic beverage advertising. The commission shall also adopt rules permitting and regulating the use of insignia advertising beer, distilled spirits, or wine by brand name on caps, regalia, or uniforms worn by employees of manufacturers, distributors, distillers, or wineries or by participants in a game, sport, athletic contest, or revue if the participants are sponsored by a manufacturer, distributor, distiller, or winery. (5027)

Acts 1977, 65th Leg., p. 519, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 84, eff. Sept. 1, 1993. (5028)

Sec. 108.035. PACKAGING OF CERTAIN PROMOTIONAL ITEMS AUTHORIZED. (5029)(Text)

Notwithstanding any other provision of this code, a person who holds a brewer's permit, nonresident brewer's permit, manufacturer's license, or nonresident manufacturer's license, or the person's agent or employee, may package alcoholic beverages in combination with other items if the package is designed to be delivered intact to the wholesaler or distributor and the additional items are branded and have no value or benefit to the retailer other than that of having the potential of attracting purchases and promoting sales. (5030)

Added by Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 20, eff. September 1, 2013. (5031)

Sec. 108.04. ACTS OF PROMOTIONAL OR COURTESY NATURE: ADMINISTRATIVE DISCRETION. (5032)(Text)

The commission may promulgate rules which shall set definite limitations consistent with the general provisions of this code, relaxing the restrictions of Sections 102.07, 102.14, 102.15, and 108.06, with respect to: (5033)

(1) the sale or gift of novelties advertising the product of a manufacturer or distributor; (5034)

(2) the making of gifts to civic, religious, or charitable organizations; (5035)

(3) the cleaning and maintenance of coil connections for dispensing draught beer; (5036)

(4) the lending of equipment for special occasions; and (5037)

(5) acts of a purely courtesy nature. (5038)

Acts 1977, 65th Leg., p. 519, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1999, 76th Leg., ch. 130, Sec. 1, eff. Sept. 1, 1999. (5039)

Sec. 108.041. CARBON DIOXIDE FILTERS PROVIDED TO RETAILERS. (5040)(Text)

(a) A manufacturer or distributor of beer may provide carbon dioxide filters to beer retailers for draught systems using carbon dioxide or a carbon dioxide and nitrogen blend, commonly referred to as "beer gas." (5041)

(b) The cost of providing, maintaining, and replacing the carbon dioxide filters shall be borne by the manufacturer. (5042)

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