Tex. Codes » Alcoholic Beverage Code · TITLE 4. REGULATORY AND PENAL PROVISIONS · CHAPTER 102. INTRA-INDUSTRY RELATIONSHIPS
Texas Codes

Tex. Alco. Bev. Code § 102.71 (2026)

Definitions

✓ current as of May 2026
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Sec. 102.71. DEFINITIONS. In this subchapter:

(1) "This Act" means this subchapter which shall have the short title and may be cited as the "Malt Beverage Industry Fair Dealing Law."

(2) "Agreement" means any contract, agreement, or arrangement, whether expressed or implied, whether oral or written, for a definite or indefinite period between a brewer and a distributor pursuant to which a distributor has the right to purchase, resell, and distribute any brand or brands of malt beverage offered by a brewer.

(3) "Distributor" means those persons licensed under Section 64.01 or 65.01 of this code.

(4) "Brewer" means those persons licensed under Section 62.01, 63.01, or 74.01.

(5) "Territory" or "sales territory" means the geographic area of distribution and sale responsibility designated by an agreement between a distributor and brewer, as provided in Section 102.51 of this code, for any brands of the brewer.

(6) "Good cause" means the failure by any party to an agreement, without reasonable excuse or justification, to comply substantially with an essential, reasonable, and commercially acceptable requirement imposed by the other party under the terms of an agreement.

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. 309, eff. September 1, 2021.

Notes of Decisions
Cited in 2 cases, 1987–2009 · leading case: Ace Sales Co. v. Cerveceria Modelo, Sa, 739 S.W.2d 442 (Tex. App. 1987).
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Ace Sales Co. v. Cerveceria Modelo, Sa, 739 S.W.2d 442 (Tex. App. 1987). “Appellants first argue that a written agreement is unnecessary because Tex. Alco.Bev.Code Ann. § 102.71(2) defines agreement as “any contract, agreement, or arrangement, whether expressed or implied, whether oral or written, for a definite or indefinite period between a…”
Est. of Mitchell Van Meter (Tex. App. 2009). “Furthermore, courts of appeals have held that under section 245, attorney’s fees are assessed against a personal representative of an estate when the representative is removed for cause or in an action to obtain the representative’s compliance with a statutory duty because it…”
— Tex. Alco. Bev. Code § 102.71(2) — 1 case
Ace Sales Co. v. Cerveceria Modelo, Sa, 739 S.W.2d 442 (Tex. App. 1987). “Appellants first argue that a written agreement is unnecessary because Tex. Alco.Bev.Code Ann. § 102.71(2) defines agreement as “any contract, agreement, or arrangement, whether expressed or implied, whether oral or written, for a definite or indefinite period between a…”
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