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