Relating to the powers of certain nonresident seller's permit holders who also hold a winery permit.

89(R) HB 3756 - House Committee Report version - Bill Text

89R9761 SCF-F

By: Geren, Garcia Hernandez

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.