| 1 | 1 | | 89R9761 SCF-F |
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| 2 | 2 | | By: Geren H.B. No. 3756 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the powers of certain nonresident seller's permit |
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| 10 | 10 | | holders who also hold a winery permit. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 37.07, Alcoholic Beverage Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | Sec. 37.07. PROHIBITED ACTIVITIES. (a) No holder of a |
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| 15 | 15 | | nonresident seller's permit, nor any officer, director, agent, or |
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| 16 | 16 | | employee of the holder, nor any affiliate of the holder, regardless |
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| 17 | 17 | | of whether the affiliation is corporate or by management, |
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| 18 | 18 | | direction, or control, may do any of the following: |
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| 19 | 19 | | (1) hold or have an interest in the permit, business, |
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| 20 | 20 | | assets, or corporate stock of a person authorized to import liquor |
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| 21 | 21 | | into this state for the purpose of resale unless: |
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| 22 | 22 | | (A) the interest was acquired on or before |
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| 23 | 23 | | January 1, 1941; |
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| 24 | 24 | | (B) [, or unless] the permittee is a Texas |
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| 25 | 25 | | corporation holding a manufacturer's license and a brewer's permit |
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| 26 | 26 | | issued before April 1, 1971; or |
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| 27 | 27 | | (C) the permittee holds a winery permit that was |
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| 28 | 28 | | first issued on or before May 1, 2010, for a winery whose premises |
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| 29 | 29 | | is located in a municipality: |
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| 30 | 30 | | (i) with a population of more than 130,000 |
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| 31 | 31 | | and less than 150,000; and |
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| 32 | 32 | | (ii) located in three counties, one of |
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| 33 | 33 | | which has a population of more than two million and less than three |
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| 34 | 34 | | million; |
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| 35 | 35 | | (2) fail to make or file a report with the commission |
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| 36 | 36 | | as required by a rule of the commission; |
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| 37 | 37 | | (3) sell liquor for resale inside this state that |
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| 38 | 38 | | fails to meet the standards of quality, purity, and identity |
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| 39 | 39 | | prescribed by the commission; |
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| 40 | 40 | | (4) advertise any liquor contrary to the laws of this |
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| 41 | 41 | | state or to the rules of the commission, or sell liquor for resale |
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| 42 | 42 | | in this state in violation of advertising or labeling rules of the |
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| 43 | 43 | | commission; |
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| 44 | 44 | | (5) sell liquor for resale inside this state or cause |
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| 45 | 45 | | it to be brought into the state in a size of container prohibited by |
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| 46 | 46 | | this code or by rule of the commission; |
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| 47 | 47 | | (6) solicit or take orders for liquor from a person not |
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| 48 | 48 | | authorized to import liquor into this state for the purpose of |
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| 49 | 49 | | resale; |
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| 50 | 50 | | (7) induce, persuade, or influence, or attempt to |
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| 51 | 51 | | induce, persuade, or influence, a person to violate this code or a |
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| 52 | 52 | | rule of the commission, or conspire with a person to violate this |
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| 53 | 53 | | code or a rule of the commission; or |
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| 54 | 54 | | (8) exercise a privilege granted by a nonresident |
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| 55 | 55 | | seller's permit while an order or suspension against the permit is |
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| 56 | 56 | | in effect. |
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| 57 | 57 | | (b) The holder of a nonresident seller's permit who holds a |
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| 58 | 58 | | winery permit or whose affiliate holds a winery permit may not sell |
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| 59 | 59 | | wine to the holder of the winery permit. |
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| 60 | 60 | | SECTION 2. This Act takes effect September 1, 2025. |
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