CHAPTER 108. ADVERTISING
ALCOHOLIC BEVERAGE CODE
TITLE 4. REGULATORY AND PENAL PROVISIONS
CHAPTER 108. ADVERTISING
SUBCHAPTER A. GENERAL PROVISIONS RELATING TO ADVERTISING
Sec. 108.01. DECEPTIVE, DISPARAGING, OR OTHERWISE UNLAWFUL
ADVERTISING. (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) of this section an advertisement of a brewery
product that:
(1) causes or is reasonably calculated to cause deception of the
consumer with respect to the product advertised;
(2) directly or by ambiguity, omission, or inference tends to
create a misleading impression;
(3) is untrue in any particular;
(4) refers to the alcohol content of the product;
(5) disparages a competitor's product; or
(6) is obscene or indecent.
(b) The media covered by this section include:
(1) radio broadcasting;
(2) newspapers, periodicals, and other publications;
(3) signs and outdoor advertising; and
(4) any printed or graphic matter.
Acts 1977, 65th Leg., p. 519, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 108.02. PROHIBITED FORMS OF ADVERTISING. 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.
Acts 1977, 65th Leg., p. 519, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 108.03. REGULATION OF PROMOTIONAL ACTIVITIES. 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.
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.
Sec. 108.04. ACTS OF PROMOTIONAL OR COURTESY NATURE:
ADMINISTRATIVE DISCRETION. 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:
(1) the sale or gift of novelties advertising the product of a
manufacturer or distributor;
(2) the making of gifts to civic, religious, or charitable
organizations;
(3) the cleaning and maintenance of coil connections for
dispensing draught beer;
(4) the lending of equipment for special occasions; and
(5) acts of a purely courtesy nature.
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.
Sec. 108.041. CARBON DIOXIDE FILTERS PROVIDED TO RETAILERS. (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."
(b) The cost of providing, maintaining, and replacing the carbon
dioxide filters shall be borne by the manufacturer.
Added by Acts 2005, 79th Leg., Ch.
237, Sec. 1, eff. September 1, 2005.
Sec. 108.05. ALLOWANCE FOR ADVERTISEMENT OR DISTRIBUTION. No
manufacturer or distributor, directly or indirectly, or through a
subsidiary, affiliate, agent, employee, officer, director, or
firm member, may pay or make an allowance to a retail dealer for
an advertising or distribution service.
Acts 1977, 65th Leg., p. 520, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 108.06. PRIZES AND PREMIUMS. No manufacturer or
distributor, directly or indirectly, or through a subsidiary,
affiliate, agent, employee, officer, director, or firm member,
may offer a prize, premium, gift, or other inducement to a dealer
in or consumer of brewery products.
Acts 1977, 65th Leg., p. 520, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 108.061. SWEEPSTAKES PROMOTIONS AUTHORIZED.
Notwithstanding the prohibition against prizes given to a
consumer in Section 108.06 and subject to the rules of the
commission, a manufacturer or nonresident manufacturer may offer
a prize to a consumer if the offer is a part of a promotional
sweepstakes activity. A purchase or entry fee may not be
required of any person to enter in a sweepstakes authorized under
this section. A person affiliated with the alcoholic beverage
industry may not receive a prize from a sweepstakes promotion.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 85, eff. Sept. 1,
1993.
Amended by:
Acts 2005, 79th Leg., Ch.
236, Sec. 2, eff. September 1, 2005.
Sec. 108.07. ADVERTISING OF MIXED BEVERAGE ESTABLISHMENTS. The
provisions of this code applicable to outdoor advertising and to
advertising in or on the premises do not apply to establishments
for which a mixed beverage permit has been issued. The commission
or administrator shall promulgate reasonable rules relating to
that type of advertising, and violation of any of those rules is
a violation of this code.
Acts 1977, 65th Leg., p. 520, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 108.08. ADVERTISING IN CERTAIN ECONOMIC DEVELOPMENT
FACILITIES. (a) Notwithstanding any other provision of this
code or any rule adopted under the authority of this code, the
provisions of this code relating to the regulation of or
limitations on outdoor advertising signage, advertising revenue,
or advertising signage in or on a licensed premises do not apply
to an entity which owns a professional sports franchise which
plays a majority of its home games in a municipally owned or
leased regional economic development facility that is in a
station or terminal complex of a rapid transit authority and to
which Subchapter E, Chapter 451, Transportation Code, applies or
to such a facility.
(b) A part of the cost of advertising revenue paid by a
manufacturer to an entity under this section may not be charged
to or paid, directly or indirectly, by the holder of a
wholesaler's permit, general class B wholesaler's permit, local
class B wholesaler's permit, local distributor's permit, general
distributor's license, or local distributor's license, except
through the price paid by that holder for products purchased from
the holders' supplier.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 86, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.175, eff.
Sept. 1, 1997.
Sec. 108.09. CERTAIN ADVERTISING BY WINERY. (a)
Notwithstanding Section 102.07 or any other provision of this
code, a winery may include information in the winery's
advertising that informs the public of where the winery's
products may be purchased.
(b) A winery may not give compensation to or receive
compensation from a permitted member of the wholesale or retail
tier for advertising described by Subsection (a).
Added by Acts 2005, 79th Leg., Ch.
878, Sec. 6, eff. June 17, 2005.
SUBCHAPTER B. OUTDOOR ADVERTISING
Sec. 108.51. DEFINITIONS. In this subchapter:
(1) "Outdoor advertising" means any sign bearing a word, mark,
description, or other device that is used to advertise an
alcoholic beverage or the business of a person who manufactures,
sells, or distributes an alcoholic beverage if the sign is
displayed outside the walls or enclosure of a building or
structure where a license or permit is issued or if it is
displayed inside a building but within five feet of an exterior
wall facing a street or highway so that it is visible by a person
of ordinary vision from outside the building. "Outdoor
advertising" does not include advertising appearing on radio or
television, in a public vehicular conveyance for hire, on a race
car while participating at a professional racing event or at a
permanent motorized racetrack facility, on a boat participating
in a racing event or a boat show, on an aircraft, on a bicycle or
on the clothing of a member of a bicycle team participating in an
organized bicycle race, or in a newspaper, magazine, or other
literary publication published periodically. For the purpose of
this definition the word "sign," with respect to a retailer, does
not include an identifying label affixed to a container as
authorized by law or to a card or certificate of membership in an
association or organization if the card or certificate is not
larger than 80 square inches.
(2) "Billboard" means a structure directly attached to the land,
a house, or a building having one or more spaces used to display
a sign or advertisement of an alcoholic beverage or a person
engaged in the manufacture, sale, or distribution of alcoholic
beverages, whether or not the structure is artificially lighted.
"Billboard" does not include a bench or a wall or other part of a
structure used as a building, fence, screen, front, or barrier.
(3) "Electric sign" means a structure or device other than an
illuminated billboard by which artificial light produced by
electricity is used to advertise the alcoholic beverage business
by a person who manufactures, sells, or distributes alcoholic
beverages or to advertise an alcoholic beverage.
Acts 1977, 65th Leg., p. 520, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 500, ch. 231, Sec. 1,
eff. Aug. 27, 1979; Acts 1985, 69th Leg., ch. 51, Sec. 1, eff.
Aug. 26, 1985; Acts 1987, 70th Leg., ch. 268, Sec. 1, eff. June
5, 1987; Acts 1993, 73rd Leg., ch. 934, Sec. 87, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1310, Sec. 1, eff. June 20, 1997.
Sec. 108.52. PERMISSIBLE OUTDOOR ADVERTISING. (a) No outdoor
advertising is permitted in this state except that which is
authorized by this section or under rules of the commission or
administrator promulgated pursuant to Section 108.03 of this
code.
(b) Billboards and electric signs are permitted if they are not
located in a manner contrary to this code.
(c) Retail licensees and permittees may erect or maintain one
sign at each place of business which may read as follows:
(1) if a beer retailer, the sign may read "Beer";
(2) if an off-premises beer retailer, the sign may read "Beer"
or "Beer to Go";
(3) if a wine and beer retailer, the sign may read "Beer," "Beer
and Wine," or "Beer, Wine and Ale";
(4) if a wine and beer off-premises retailer, the sign may read
"Beer," "Beer to Go," "Beer and Wine," "Beer and Wine to Go,"
"Beer, Wine and Ale," or "Beer, Wine and Ale to Go";
(5) if a package store permittee, the sign may read "Package
Store," "Liquors," or "Wines and Liquors," and if a retail
dealer's off-premise license is also held, the sign may read
"Package Store," "Wines, Liquors and Beer," or "Wine, Liquors and
Beer to Go"; or
(6) if a wine only package store permittee, the sign may read
"Wine" or "Wines," and if a retail dealer's off-premise license
is also held, the sign may read "Wines and Beer," "Wine and
Beer," or "Wine and Beer to Go."
(d) A sign erected under Subsection (c) of this section may be
placed inside or outside the place of business so as to be
visible to the general public. None of the letters on a sign may
be more than 12 inches in height, and no sign may contain any
wording, insignia, or device representative of the brand or name
of an alcoholic beverage. The commission or administrator may
permit a licensee or permittee to erect or maintain one sign at
each entrance or side of a building occupied by him if it faces
more than one street or highway.
(e) Billboards, electric signs, or other signs to designate the
firm name or business of a permittee or licensee authorized to
manufacture, rectify, bottle, or wholesale alcoholic beverages
may be displayed at the licensee's or permittee's place of
business.
(f) A display composed of alcoholic beverages or printed or
lithographed material advertising alcoholic beverages located
inside the licensed premises is permitted if the alcoholic
beverages or advertising material is not placed within six inches
of a window or opening facing a street, alley, or highway. A card
or certificate of membership in an association or organization is
not "advertising material" for the purpose of this subsection if
it is not larger than 80 square inches.
(g) Outdoor advertising of an alcoholic beverage or of the
business of any person engaged in the manufacture, sale, or
distribution of an alcoholic beverage is permitted to be placed
on or affixed to a bench unless:
(1) the advertising is prohibited by an ordinance of an
incorporated city or town; or
(2) the advertising is in an area or zone where the sale of
alcoholic beverages is prohibited by law.
(h) In addition to the signs authorized by this section, any
retail licensee or permittee whose trade name or corporate name
includes one or more of the words or phrases regulated by
Subsection (c) of this section may also have one sign designating
the trade name or corporate name of the retail licensee's or
permittee's business. The commission or administrator may permit
a retail licensee or permittee to erect and maintain one sign at
each entrance or side of a building occupied by the retail
licensee or permittee if the building faces more than one street
or highway. Signs erected pursuant to this subsection shall
comply with all local regulations concerning the erection of
signs.
Acts 1977, 65th Leg., p. 521, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 501, ch. 231, Sec. 2,
eff. Aug. 27, 1979; Acts 1997, 75th Leg., ch. 62, Sec. 1, eff.
Sept. 1, 1997.
Sec. 108.53. BILLBOARDS AND ELECTRIC SIGNS: WHEN PERMIT IS
REQUIRED. (a) No person may erect a billboard or electric sign
advertising an alcoholic beverage within 200 feet of a retail
establishment authorized to sell that beverage unless he has
first obtained a permit for that purpose from the commission. No
permit is required for a billboard or electric sign that is not
located within 200 feet of a retail establishment authorized to
sell the advertised alcoholic beverage.
(b) The commission or administrator shall provide permit
application forms, which may contain any information the
commission or administrator deems necessary. The application
shall contain a statement that the erection or maintenance of the
billboard or electric sign will not have the effect of
advertising or directing patronage to a particular retail
establishment authorized to sell alcoholic beverages. Application
shall be made under oath, addressed to the commission or
administrator.
(c) The commission or administrator shall issue a permit if
either of them finds that all statements in the application are
true and the erection or maintenance of the billboard or electric
sign will not be contrary to this code or to a rule of the
commission. Otherwise, the commission or administrator shall
refuse to issue a permit.
(d) Notwithstanding the restrictions imposed by this section,
but consistent with other provisions of this code, the commission
shall promulgate rules allowing for signs advertising alcoholic
beverages at charitable or civic events such as fairs, rodeos, or
other events of a temporary nature. This subsection does not
authorize, nor shall any rule of the commission authorize, a
retailer of alcoholic beverages to derive, directly or
indirectly, any money or consideration of any kind as a result of
alcoholic beverage advertising, and the commission's rules shall
reflect the intent that the charity or civic endeavor receive the
proceeds, if any, from such advertising signs.
Acts 1977, 65th Leg., p. 521, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1997, 75th Leg., ch. 62, Sec. 2, eff. Sept.
1, 1997.
Sec. 108.54. NONCONFORMING OUTDOOR ADVERTISING: SEIZURE,
REMOVAL. (a) No person may erect, maintain, or display any
outdoor advertising, billboard, or electric sign which does not
conform in all respects to the provisions of this code. A
billboard or electric sign that does not conform is illegal
equipment which is subject to seizure and forfeiture as provided
in this code.
(b) The owner of any outdoor advertising that does not conform
to the provisions of this code is responsible for removing it
from public view immediately, and the failure to do so is a
violation of this code.
Acts 1977, 65th Leg., p. 522, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 108.55. LOCAL REGULATION OF BILLBOARDS, ELECTRIC SIGNS. No
person may erect or maintain a billboard, electric sign, or any
outdoor advertising in violation of an ordinance of an
incorporated city or town.
Acts 1977, 65th Leg., p. 522, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 5415, ch. 1005, Sec. 1,
eff. Sept. 1, 1983.
Sec. 108.56. DRY AREAS. (a) Except as provided by Subsection
(b), no person may erect or maintain a billboard or electric sign
in an area or zone where the sale of alcoholic beverages is
prohibited by law.
(b) A person may erect or maintain a billboard in an area or
zone where the sale of alcoholic beverages is prohibited by law
if:
(1) the premises that the billboard advertises is located in a
county with a population of 250,000 or less; and
(2) the billboard is within 1,500 feet of the premises that the
billboard advertises; and
(3) a United States highway that merges into and becomes an
interstate highway separates the premises and the billboard; or
(4) the billboard is located adjacent to a wet precinct
separated by a United States highway that merges into and becomes
an interstate highway in a county with a population of 250,000 or
less and advertises directions to a winery located in the
adjacent wet precinct.
Acts 1977, 65th Leg., p. 522, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1997, 75th Leg., ch. 1264, Sec. 1, eff.
June 20, 1997.
SUBCHAPTER C. INDUSTRY PUBLIC ENTERTAINMENT FACILITIES ACT
Sec. 108.71. PURPOSE. This subchapter governs the statutory
duties, rights, and relations among licensees and permittees
operating under this subchapter, including their relations with
the owners and operators of public entertainment facilities. This
subchapter expressly authorizes alcoholic beverage distillers,
manufacturers, distributors, and wholesalers, except as provided
by Section 108.74, to promote and sponsor events and advertise
alcoholic beverage brands and products at public entertainment
facilities without establishing unlawful intertier relations,
including with retail permittees operating at those facilities.
Added by Acts 2003, 78th Leg., ch. 946, Sec. 1, eff. Sept. 1,
2003.
Sec. 108.72. SHORT TITLE. This subchapter may be cited as the
Industry Public Entertainment Facilities Act.
Added by Acts 2003, 78th Leg., ch. 946, Sec. 1, eff. Sept. 1,
2003.
Sec. 108.73. DEFINITIONS. In this subchapter:
(1) "Independent concessionaire" means a licensed or permitted
member of the retail tier or a holder of a private club permit,
caterer's permit, or food and beverage certificate who:
(A) has a written concession agreement from the owner, operator,
or lessee of a public entertainment facility;
(B) receives no monetary benefit, directly or indirectly, by any
scheme or device or in any form or degree from the alcoholic
beverage industry including a benefit in the form of capital
improvements, furniture, fixtures, or equipment, unless otherwise
authorized by this code or commission rules; and
(C) is not owned, in whole or in part, by the public
entertainment facility, or a subsidiary, agent, manager, or
company managing the facility, and who does not own, in whole or
in part, or manage the public entertainment facility.
(2) "Public entertainment facility" means an arena, stadium,
automobile race track, amphitheater, auditorium, theater, civic
center, convention center, or similar facility that is primarily
designed and used for live artistic, theatrical, cultural,
educational, charitable, musical, sporting, nationally sanctioned
automobile racing, or entertainment events. The term does not
include a facility the primary purpose of which is the sale of
food or alcoholic beverages, including a bar, nightclub,
restaurant, hotel, bowling alley, pool hall, or dance hall, or a
facility that derives 75 percent or more of the facility's annual
gross revenue from the on-premise sale of alcoholic beverages.
(3) "Public entertainment facility property" means property on
which a public entertainment facility and a licensed or permitted
premises are located and related surrounding property.
(4) "Sponsorship signs" means any manner of advertising,
promotional, or sponsorship signage, or any representation,
device, display, regalia, insignia, indicia, design, slogan,
trade name, brand name, product name, permittee or licensee name,
advertising specialties, marketing services, or other materials
indicating participation in or sponsorship of all or part of a
public entertainment facility or an event or venue at a public
entertainment facility, including the sponsorship or naming of
all or part of the facility or event, wherever located, whether
indoor or outdoor, including billboards, awnings, and electric
signs, however manufactured, comprising whatever materials, and
however disseminated, including by writing, printing, graphics,
newspaper, periodicals, radio, television, cable, Internet,
electronic, satellite, and other media or communication
modalities.
Added by Acts 2003, 78th Leg., ch. 946, Sec. 1, eff. Sept. 1,
2003.
Sec. 108.74. EXCEPTION OF CERTAIN WHOLESALER FROM APPLICATION OF
THIS SUBCHAPTER. A person who holds a permit under Chapter 19
and whose revenues from the sale of alcoholic beverages are
predominately obtained from the sale of distilled spirits and
wine may not enter into advertising, sponsorship, or promotional
agreements as authorized by Section 108.75.
Added by Acts 2003, 78th Leg., ch. 946, Sec. 1, eff. Sept. 1,
2003.
Sec. 108.75. ADVERTISING AND PROMOTION IN PUBLIC ENTERTAINMENT
FACILITY. (a) A member of the distiller, manufacturing,
distributor, or wholesaler tier may promote, sponsor, or
advertise an entertainment event or venue or promote or advertise
an alcoholic beverage brand or product at a public entertainment
facility if the alcoholic beverage promoted, sold, or served at
the event, venue, or facility is furnished by an independent
concessionaire.
(b) An independent concessionaire may not receive direct
monetary benefit from advertising, promotional, or sponsorship
revenues generated by operation of a public entertainment
facility. A member of the manufacturing or distributing tier may
not, directly or indirectly through the owner or operator of a
public entertainment facility, furnish, give, rent, lend, or sell
any equipment, fixtures, or supplies to an independent
concessionaire. A public entertainment facility owner or operator
or a member of the distiller, manufacturing, distributor, or
wholesaler tier may not directly or indirectly control the
quantity or brand of alcoholic beverages bought or sold by an
independent concessionaire. An independent concessionaire must
enter into a written concession agreement with an owner, lessee,
or operator of a public entertainment facility.
(c) A member of the distiller, manufacturing, distributor, or
wholesaler tier who has entered into an advertising, promotional,
or sponsorship agreement may provide sponsorship signs at a
public entertainment facility property and as otherwise
authorized in this code and commission rules.
(d) An independent concessionaire who has entered into a
concessionaire agreement under this subchapter may place
sponsorship signs at, in, or on public entertainment facility
property.
(e) The owner or operator of a public entertainment facility who
has entered into a concessionaire agreement and a sponsorship
agreement under this subchapter shall not be precluded from
placing and displaying sponsorship signs, as otherwise permitted
by law, provided by sponsoring members of the distiller,
manufacturing, distributor, or wholesaler tier, at, in, or on an
independent concessionaire's venues at a public entertainment
facility property, including the area where alcoholic beverages
are displayed, served, or poured.
(f) Nothing in this subchapter shall limit the independent
concessionaire's right to place and display sponsorship and other
signs authorized under this code and commission rules.
(g) All advertising, promotional, sponsorship, and concession
agreements authorized by this subchapter shall contain an
affirmative provision disavowing the right of any party to engage
in conduct prohibited by this subchapter.
Added by Acts 2003, 78th Leg., ch. 946, Sec. 1, eff. Sept. 1,
2003.
Sec. 108.755. CERTAIN GOVERNMENTALLY OWNED FACILITIES. (a)
Section 108.75 does not restrict or govern the promotion,
sponsorship, or advertising of an entertainment event, or the
promotion or advertising of an alcoholic beverage brand or
product, at a facility owned by a municipality or county that is
financed with public securities, the interest on which is exempt
from federal income taxation under the Internal Revenue Code of
1986.
(b) Financial arrangements, including profit sharing, between a
concessionaire operating at a facility described by Subsection
(a) and a person operating the concession facilities under a
contract with the license or permit holder or the municipality or
county do not constitute and are not evidence of subterfuge
ownership prohibited by Section 109.53.
Added by Acts 2009, 81st Leg., R.S., Ch.
176, Sec. 1, eff. September 1, 2009.
Sec. 108.76. VIOLATION. The provision, placement, and use of
sponsorship signs as authorized by and in compliance with this
subchapter by members of the distiller, manufacturing,
distributor, or wholesaler tier, independent concessionaires, and
public entertainment facility owners and operators does not
constitute an illegal inducement, subterfuge, or a surrender of
exclusive control.
Added by Acts 2003, 78th Leg., ch. 946, Sec. 1, eff. Sept. 1,
2003.
Sec. 108.77. COST OF ADVERTISEMENT, SPONSORSHIP, OR PROMOTION.
No part of the cost of an advertisement, sponsorship, or
promotion authorized by this subchapter may be charged to or paid
by a distributor or wholesaler, except as provided by Section
108.74, unless the distributor or wholesaler:
(1) contracts directly with the owner or operator of the public
entertainment facility for the advertisement, sponsorship, or
promotion; or
(2) is a party to the advertising, sponsorship, or promotion
agreement between a member of the manufacturing tier and the
owner or operator of the public entertainment facility.
Added by Acts 2003, 78th Leg., ch. 946, Sec. 1, eff. Sept. 1,
2003.
Sec. 108.78. CONFIDENTIALITY. Any concessionaire, sponsorship,
advertisement, or promotional agreement, or related agreement and
exhibits to such an agreement, entered into, submitted, filed, or
requested by the administrator or commission is deemed
confidential under Section 5.48(b).
Added by Acts 2003, 78th Leg., ch. 946, Sec. 1, eff. Sept. 1,
2003.
Sec. 108.79. OPTIONAL PREAPPROVAL PROCESS. (a) Subject to the
terms of the relevant agreement, a permittee or licensee may by
certified mail, return receipt requested, submit to the
administrator in writing the permittee's or licensee's original
or amended advertising, promotional, sponsorship, or
concessionaire agreement relating to a public entertainment
facility, requesting the administrator's approval.
(b) Not later than the 30th day after the date the administrator
receives the request for preapproval under this section, the
administrator shall notify the permittee or licensee in writing,
by certified mail, return receipt requested, whether the
administrator approves, conditionally approves, or disapproves
the submission. If the administrator does not provide the
notification in that time and the permittee or licensee does not
agree to a timely and reasonable written request for an extension
by the administrator giving the reason for the request, the
agreement is considered approved as submitted.
(c) If the administrator conditionally approves or disapproves a
submission under Subsection (b), the administrator shall specify
in the notice provided under that subsection the basis for the
administrator's determination, referencing any specific
provisions of this code or other law involved in the
determination and any necessary and reasonable actions the
permittee or licensee may take to obtain approval of the
submission.
(d) On receipt of the administrator's conditional approval or
disapproval, the permittee or licensee may:
(1) revise and resubmit the agreement in compliance with the
administrator's specific comments and instructions, including any
discussions between the administrator and permittee or licensee
to resolve the issues involved in the administrator's
determination; or
(2) contest the commission's or administrator's determinations,
acts, or omissions related to this subchapter and engage in
informal mediation to resolve the dispute regarding the
submission.
(e) A submission under Subsection (d)(1) is subject to the
approval period prescribed by Subsection (b) unless the
administrator and the permittee or licensee agree otherwise.
Added by Acts 2003, 78th Leg., ch. 946, Sec. 1, eff. Sept. 1,
2003.
Sec. 108.80. JUDICIAL REVIEW. (a) If a permittee, licensee, or
other party to an agreement under this subchapter alleges that
the administrator is or has been, directly or indirectly,
unfairly, arbitrarily, capriciously, or wrongly exercising or
withholding the exercise of the administrator's authority under
Section 108.79, desires a declaration of rights under this
subchapter, or alleges threatened or actual damage or injury
arising out of a violation of this subchapter or any other law
relating to the process and rights provided by this subchapter,
the aggrieved party may bring suit in a district court in Travis
County:
(1) to require, contest, or suspend enforcement of any act or
omission by the administrator or commission; or
(2) concerning any administrative, regulatory, legal, or
judicial act or omission, including seeking mandatory and
prohibitory injunctive and extraordinary relief or declaratory
relief.
(b) The court in its discretion may allow the permittee,
licensee, or other party to an agreement to recover court costs
and reasonable attorney's fees incurred in the defense or
prosecution of the action.
Added by Acts 2003, 78th Leg., ch. 946, Sec. 1, eff. Sept. 1,
2003.
Sec. 108.81. SPONSOR LIABILITY. A beverage distiller,
manufacturer, distributor, or wholesaler who sponsors an event at
a public entertainment facility or on public entertainment
facility property, or who advertises or displays sponsorship
signs in connection with such an event or facility or property,
shall not be liable solely because of such sponsorship,
advertisement, or display of sponsorship signs for any personal
injury, death, or property damage occurring at such a facility or
property or as a result of the operation or condition of such
facility or property or because of any tort committed by any
other party at or in connection with such event, facility, or
property.
Added by Acts 2003, 78th Leg., ch. 946, Sec. 1, eff. Sept. 1,
2003.