| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requiring certain alcoholic beverage permittees to be |
|
|
the primary source of supply for certain alcoholic beverages. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 37.10, Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
Sec. 37.10. RESTRICTION AS TO SOURCE OF SUPPLY. (a) No |
|
|
holder of a nonresident seller's permit may solicit, accept, or |
|
|
fill an order for distilled spirits or wine from a holder of any |
|
|
type of wholesaler's or winery permit unless the nonresident seller |
|
|
is the primary [American] source of supply for the brand of |
|
|
distilled spirits or wine that is ordered. |
|
|
(b) In this section, "primary [American] source of supply" |
|
|
means the distiller, the producer, the owner of the commodity at the |
|
|
time it becomes a marketable product, the bottler, or the exclusive |
|
|
agent of any of those. To be the "primary [American] source of |
|
|
supply" the nonresident seller must be the sole [first] source, |
|
|
that is, the manufacturer or the source closest to the |
|
|
manufacturer, in the channel of commerce from whom the product can |
|
|
be secured by [American] wholesalers and wineries in this state. |
|
|
SECTION 2. Sections 101.671(a) and (d), Alcoholic Beverage |
|
|
Code, are amended to read as follows: |
|
|
(a) Before an authorized permittee may ship distilled |
|
|
spirits or wine into the state or sell distilled spirits or wine |
|
|
within the state, the permittee must register the distilled spirits |
|
|
or wine with the commission and provide proof that the permittee is |
|
|
the primary source of supply, as defined by Section 37.10. The |
|
|
registration application must include a certificate of label |
|
|
approval issued by the United States Alcohol and Tobacco Tax and |
|
|
Trade Bureau for the product. |
|
|
(d) The commission by rule may [shall] establish procedures |
|
|
for accepting: |
|
|
(1) federal certificates of label approval for |
|
|
registration under this section; and |
|
|
(2) proof that a permittee is a primary source of |
|
|
supply for purposes of this section. |
|
|
SECTION 3. This Act takes effect September 1, 2013. |