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