HB3756 - Relating to the powers of certain nonresident seller's permit holders who also hold a winery permit.

  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.