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

Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff. April 8, 1981. (4513)

Sec. 102.78. RIGHT OF FREE ASSOCIATION. (4514)(Text)

No manufacturer or distributor shall restrict or inhibit, directly or indirectly, the right of free association among manufacturers or distributors for any lawful purpose. (4515)

Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff. April 8, 1981. (4516)

Sec. 102.79. JUDICIAL REMEDIES. (4517)(Text)

(a) If a manufacturer or distributor who is a party to an agreement pursuant to Section 102.51 of this code fails to comply with this Act or otherwise engages in conduct prohibited under this Act, or if a manufacturer and distributor are not able to mutually agree on reasonable compensation under Section 102.77 of this code and the matter is not to be submitted to arbitration, the aggrieved manufacturer or distributor may maintain a civil action in a court of competent jurisdiction in the county in which the distributor's principal place of business is located. (4518)

(b) In any action under Subsection (a) of this section, the court may grant such relief as the court determines is necessary or appropriate considering the purposes of this Act. (4519)

(c) The prevailing party in any action under Subsection (a) of this section shall be entitled to actual damages, including the value of the distributor's business, as specified in Section 102.77 of this code, reasonable attorney's fees, and court costs. (4520)

Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff. April 8, 1981. (4521)

Sec. 102.80. COVERAGE AND EFFECTIVE DATE. (4522)(Text)

This Act shall cover agreements in existence on the date of enactment of this Act and also shall apply to agreements entered into and any cancellation, termination, failure to renew, amendment, or material modification of any agreement occurring after the date of enactment of this Act. (4523)

Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff. April 8, 1981. (4524)

Sec. 102.81. ALE AND MALT LIQUOR. (4525)(Text)

This subchapter and Subchapter C of this chapter apply to agreements concerning ale and malt liquor in the same manner as they apply to agreements concerning beer, and each particular class of permittee dealing with ale and malt liquor is subject to those provisions that apply to functionally corresponding licensees within the beer industry. (4526)

Added by Acts 1987, 70th Leg., ch. 303, Sec. 4, eff. June 11, 1987. (4527)

Sec. 102.82. STATUTE OF LIMITATIONS. (4528)(Text)

A person must bring suit on an action arising under this chapter not later than four years after the day the cause of action accrues. If a termination related to a change in ownership of the brand occurs, the cause of action accrues when either the new brand owner or the transferring or selling brand owner provides notice of termination to the distributor. (4529)

Added by Acts 2009, 81st Leg., R.S., Ch. 894 (S.B. 2580), Sec. 3, eff. September 1, 2009. (4530)

CHAPTER 103. ILLICIT BEVERAGES (4531)(Text)

Sec. 103.01. ILLICIT BEVERAGES PROHIBITED. (4532)(Text)

No person may possess, manufacture, transport, or sell an illicit beverage. (4533)

Acts 1977, 65th Leg., p. 505, ch. 194, Sec. 1, eff. Sept. 1, 1977. (4534)

Sec. 103.02. EQUIPMENT OR MATERIAL FOR MANUFACTURE OF ILLICIT BEVERAGES. (4535)(Text)

No person may possess equipment or material designed for, capable of use for, or used in manufacturing an illicit beverage. (4536)

Acts 1977, 65th Leg., p. 505, ch. 194, Sec. 1, eff. Sept. 1, 1977. (4537)

Sec. 103.03. SEIZURE OF ILLICIT BEVERAGES, ETC. (4538)(Text)

A peace officer may seize without a warrant: (4539)

(1) any illicit beverage, its container, and its packaging; (4540)

(2) any vehicle, including an aircraft or watercraft, used to transport an illicit beverage; (4541)

(3) any equipment designed for use in or used in manufacturing an illicit beverage; or (4542)

(4) any material to be used in manufacturing an illicit beverage. (4543)

Acts 1977, 65th Leg., p. 505, ch. 194, Sec. 1, eff. Sept. 1, 1977. (4544)

Sec. 103.04. ARREST OF PERSON IN POSSESSION. (4545)(Text)

A peace officer may arrest without a warrant any person found in possession of: (4546)

(1) an illicit beverage; (4547)

(2) any equipment designed for use in or used in manufacturing an illicit beverage; or (4548)

(3) any material to be used in manufacturing an illicit beverage. (4549)

Acts 1977, 65th Leg., p. 505, ch. 194, Sec. 1, eff. Sept. 1, 1977. (4550)

Sec. 103.05. REPORT OF SEIZURE. (4551)(Text)

(a) A peace officer who makes a seizure under Section 103.03 of this code shall make a report in triplicate which lists each item seized and the place and name of the owner, operator, or other person from whom it is seized. One copy of the report shall be verified by oath. (4552)

(b) The verified copy shall be retained in the permanent files of the commission or other agency making the seizure. The copy is subject to inspection by any member of the legislature or by any authorized law enforcement agency of the state. (4553)

(c) One copy of the report shall be delivered to the person from whom the seizure is made. (4554)

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