1. (a) This section implements Alcoholic Beverage Code §102.33.

2. (b) An administrative violation of Alcoholic Beverage Code §102.33 does not occur until the holder of a wholesaler's permit:

   1. (1) fails to pay the amount due to the holder of the distiller's and rectifier's permit on or before the date payment is required under the agreed terms of a contract or written agreement between the holder of the distiller's and rectifier's permit and the wholesaler; and
   2. (2) fails to pay the amount due to the holder of the distiller's and rectifier's permit within 30 days, or another deadline agreed upon in writing, after receiving a demand for payment from the holder of the distiller's and rectifier's permit.

3. (c) Reporting Violations:

   1. (1) A distiller's and rectifier's permit holder may report a delinquent wholesaler by submitting a complaint to the commission in accordance with §31.10.

   2. (2) A complaint alleging a delinquent payment under Alcoholic Beverage Code §102.33 must be made in writing and include the following supporting documentation and information:

      1. (A) the name and permit numbers of the involved permit holders;
      2. (B) a copy of the invoice required by Alcoholic Beverage Code §102.33(a) applicable to the alleged delinquent payment;
      3. (C) sufficient evidence showing proof of the wholesaler's order, the date of delivery, and the payment terms agreed to by both parties; and
      4. (D) proof that a demand for payment was sent to the wholesaler, including the date the demand was sent.
   3. (3) The commission will not take action on a complaint alleging a delinquent payment under Alcoholic Beverage Code §102.33 unless the permittees have entered into a written contract or agreement that clearly sets forth the terms of payment, including the number of days from which payment is due after the delivery of liquor purchased by the wholesaler.
4. (d) A wholesaler may dispute an alleged delinquency by submitting supporting documentation, including evidence of payment, within 10 days of notice by the commission of the complaint.
5. (e) Timeline to Report Violations. Alleged violations shall be reported to the commission within 45 days from the date a wholesaler becomes delinquent under subsection (b) of this section. Violations reported to the commission after 45 days from the delinquency are not actionable by the commission.

6. (f) Unless otherwise agreed in writing, it is a rebuttable presumption that a demand for payment sent under this section is received by a wholesaler as follows:

   1. (1) A demand sent by United States mail or by common or contract carrier is considered received on the third day after the date the demand is deposited with the postal service or carrier, provided that the demand was properly addressed and postage or carrier charges were paid. If a tracking or delivery verification service is used, including certified mail or a similar method, a demand is considered received on the delivery date indicated by such service.
   2. (2) A demand sent by electronic mail or some other electronic means during business hours is considered received on the same date it was sent, provided that the demand was sent to a valid electronic address used by the wholesaler. A demand sent electronically on the weekend, a federal holiday, or after 5:00 p.m. Central Time is considered received the next business day.
7. (g) The holder of a distiller's and rectifier's permit is not required to report a delinquent wholesaler. An administrative violation will not be attributed to a wholesaler who becomes delinquent unless the delinquency is reported to the commission in accordance with this section.

Source Note:The provisions of this §45.132 adopted to be effective December 8, 2025, 50 TexReg 7920.