Certain nonresident seller’s permit holders and related persons are barred from owning interests in importers, making filings, selling noncompliant liquor, advertising unlawfully, using banned container sizes, soliciting unauthorized importers, inducing violations, or using permit privileges while suspended.
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) 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. Acts 1977, 65th Leg., p. 446, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by: Acts 2025, 89th Leg., R.S., Ch. 60 (S.B. 1378), Sec. 1, eff. September 1, 2025.