6 | 8 | | AN ACT |
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7 | 9 | | relating to the powers of certain nonresident seller's permit |
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8 | 10 | | holders who also hold a winery permit. |
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9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 12 | | SECTION 1. Section 37.07, Alcoholic Beverage Code, is |
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11 | 13 | | amended to read as follows: |
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12 | 14 | | Sec. 37.07. PROHIBITED ACTIVITIES. (a) No holder of a |
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13 | 15 | | nonresident seller's permit, nor any officer, director, agent, or |
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14 | 16 | | employee of the holder, nor any affiliate of the holder, regardless |
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15 | 17 | | of whether the affiliation is corporate or by management, |
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16 | 18 | | direction, or control, may do any of the following: |
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17 | 19 | | (1) hold or have an interest in the permit, business, |
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18 | 20 | | assets, or corporate stock of a person authorized to import liquor |
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19 | 21 | | into this state for the purpose of resale unless: |
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20 | 22 | | (A) the interest was acquired on or before |
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21 | 23 | | January 1, 1941; |
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22 | 24 | | (B) [, or unless] the permittee is a Texas |
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23 | 25 | | corporation holding a manufacturer's license and a brewer's permit |
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24 | 26 | | issued before April 1, 1971; or |
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25 | 27 | | (C) the permittee holds a winery permit that was |
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26 | 28 | | first issued on or before May 1, 2010, for a winery whose premises |
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27 | 29 | | is located in a municipality: |
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28 | 30 | | (i) with a population of more than 130,000 |
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29 | 31 | | and less than 150,000; and |
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30 | 32 | | (ii) located in three counties, one of |
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31 | 33 | | which has a population of more than two million and less than three |
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32 | 34 | | million; |
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33 | 35 | | (2) fail to make or file a report with the commission |
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34 | 36 | | as required by a rule of the commission; |
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35 | 37 | | (3) sell liquor for resale inside this state that |
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36 | 38 | | fails to meet the standards of quality, purity, and identity |
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37 | 39 | | prescribed by the commission; |
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38 | 40 | | (4) advertise any liquor contrary to the laws of this |
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39 | 41 | | state or to the rules of the commission, or sell liquor for resale |
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40 | 42 | | in this state in violation of advertising or labeling rules of the |
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41 | 43 | | commission; |
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42 | 44 | | (5) sell liquor for resale inside this state or cause |
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43 | 45 | | it to be brought into the state in a size of container prohibited by |
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44 | 46 | | this code or by rule of the commission; |
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45 | 47 | | (6) solicit or take orders for liquor from a person not |
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46 | 48 | | authorized to import liquor into this state for the purpose of |
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47 | 49 | | resale; |
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48 | 50 | | (7) induce, persuade, or influence, or attempt to |
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49 | 51 | | induce, persuade, or influence, a person to violate this code or a |
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50 | 52 | | rule of the commission, or conspire with a person to violate this |
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51 | 53 | | code or a rule of the commission; or |
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52 | 54 | | (8) exercise a privilege granted by a nonresident |
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53 | 55 | | seller's permit while an order or suspension against the permit is |
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54 | 56 | | in effect. |
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55 | 57 | | (b) The holder of a nonresident seller's permit who holds a |
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56 | 58 | | winery permit or whose affiliate holds a winery permit may not sell |
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57 | 59 | | wine to the holder of the winery permit. |
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58 | 60 | | SECTION 2. This Act takes effect September 1, 2025. |
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59 | | - | ______________________________ ______________________________ |
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60 | | - | President of the Senate Speaker of the House |
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61 | | - | I hereby certify that S.B. No. 1378 passed the Senate on |
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62 | | - | April 10, 2025, by the following vote: Yeas 28, Nays 2. |
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63 | | - | ______________________________ |
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64 | | - | Secretary of the Senate |
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65 | | - | I hereby certify that S.B. No. 1378 passed the House on |
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66 | | - | May 2, 2025, by the following vote: Yeas 99, Nays 20, one present |
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67 | | - | not voting. |
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68 | | - | ______________________________ |
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69 | | - | Chief Clerk of the House |
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70 | | - | Approved: |
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71 | | - | ______________________________ |
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72 | | - | Date |
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73 | | - | ______________________________ |
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74 | | - | Governor |
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