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 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 Texas wholesalers and Texas wineries. Except as provided by Subsection (c), a product may have only one primary American source of supply to Texas.
(c) A product may have more than one primary American source of supply to Texas if the product is a wine that is bottled or produced outside of the United States.
Acts 1977, 65th Leg., p. 447, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1181 (S.B. 950), Sec. 1, eff. September 1, 2013.
Structure Texas Statutes
Title 3 - Licenses and Permits
Chapter 37 - Nonresident Seller's Permit
Section 37.01. Authorized Activities
Section 37.03. Permit Required
Section 37.05. Appointment of Agent for Service of Notice
Section 37.06. Designation of Agents
Section 37.07. Prohibited Activities
Section 37.08. Cancellation or Suspension: Notice to Importers
Section 37.09. Restriction on Importation
Section 37.10. Restriction as to Source of Supply
Section 37.12. Inspection of Records, Documents, Etc
Section 37.13. Solicitation From Holder of Mixed Beverage or Private Club Permit