Texas 2025 - 89th Regular

Texas Senate Bill SB1378 Compare Versions

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1-S.B. No. 1378
1+By: Parker S.B. No. 1378
2+ (Geren, Garcia Hernandez)
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34
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7+ A BILL TO BE ENTITLED
68 AN ACT
79 relating to the powers of certain nonresident seller's permit
810 holders who also hold a winery permit.
911 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1012 SECTION 1. Section 37.07, Alcoholic Beverage Code, is
1113 amended to read as follows:
1214 Sec. 37.07. PROHIBITED ACTIVITIES. (a) No holder of a
1315 nonresident seller's permit, nor any officer, director, agent, or
1416 employee of the holder, nor any affiliate of the holder, regardless
1517 of whether the affiliation is corporate or by management,
1618 direction, or control, may do any of the following:
1719 (1) hold or have an interest in the permit, business,
1820 assets, or corporate stock of a person authorized to import liquor
1921 into this state for the purpose of resale unless:
2022 (A) the interest was acquired on or before
2123 January 1, 1941;
2224 (B) [, or unless] the permittee is a Texas
2325 corporation holding a manufacturer's license and a brewer's permit
2426 issued before April 1, 1971; or
2527 (C) the permittee holds a winery permit that was
2628 first issued on or before May 1, 2010, for a winery whose premises
2729 is located in a municipality:
2830 (i) with a population of more than 130,000
2931 and less than 150,000; and
3032 (ii) located in three counties, one of
3133 which has a population of more than two million and less than three
3234 million;
3335 (2) fail to make or file a report with the commission
3436 as required by a rule of the commission;
3537 (3) sell liquor for resale inside this state that
3638 fails to meet the standards of quality, purity, and identity
3739 prescribed by the commission;
3840 (4) advertise any liquor contrary to the laws of this
3941 state or to the rules of the commission, or sell liquor for resale
4042 in this state in violation of advertising or labeling rules of the
4143 commission;
4244 (5) sell liquor for resale inside this state or cause
4345 it to be brought into the state in a size of container prohibited by
4446 this code or by rule of the commission;
4547 (6) solicit or take orders for liquor from a person not
4648 authorized to import liquor into this state for the purpose of
4749 resale;
4850 (7) induce, persuade, or influence, or attempt to
4951 induce, persuade, or influence, a person to violate this code or a
5052 rule of the commission, or conspire with a person to violate this
5153 code or a rule of the commission; or
5254 (8) exercise a privilege granted by a nonresident
5355 seller's permit while an order or suspension against the permit is
5456 in effect.
5557 (b) The holder of a nonresident seller's permit who holds a
5658 winery permit or whose affiliate holds a winery permit may not sell
5759 wine to the holder of the winery permit.
5860 SECTION 2. This Act takes effect September 1, 2025.
59- ______________________________ ______________________________
60- President of the Senate Speaker of the House
61- I hereby certify that S.B. No. 1378 passed the Senate on
62- April 10, 2025, by the following vote: Yeas 28, Nays 2.
63- ______________________________
64- Secretary of the Senate
65- I hereby certify that S.B. No. 1378 passed the House on
66- May 2, 2025, by the following vote: Yeas 99, Nays 20, one present
67- not voting.
68- ______________________________
69- Chief Clerk of the House
70- Approved:
71- ______________________________
72- Date
73- ______________________________
74- Governor