S.B. No. 950
 
 
 
 
AN ACT
  relating to requiring certain alcoholic beverage permittees to be
  the primary American source of supply for certain alcoholic
  beverages.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.10, Alcoholic Beverage Code, is
  amended to read as follows:
         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
  [American] 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.
         SECTION 2.  Subsections (a) and (d), Section 101.671,
  Alcoholic Beverage Code, are amended to read as follows:
         (a)  Before an authorized permittee may ship distilled
  spirits or wine into the state or sell distilled spirits or wine
  within the state, the permittee must register the distilled spirits
  or wine with the commission and provide proof that the permittee is
  the primary American source of supply for purposes of Section
  37.10.  Except for rare or vintage wine that is acquired at auction
  and for which no certificate is available, the [The] registration
  application must include a certificate of label approval issued by
  the United States Alcohol and Tobacco Tax and Trade Bureau for the
  product.  Rare or vintage wine purchased at auction and registered
  by the commission under this subsection must comply with all other
  provisions of this code, including provisions regarding the sale,
  purchase, importation, and distribution of that wine.
         (d)  The commission by rule may [shall] establish procedures
  for accepting:
               (1)  federal certificates of label approval for
  registration under this section; and
               (2)  proof, such as a letter of authorization, that a
  permittee is the primary American source of supply of the product or
  brand for purposes of Section 37.10.
         SECTION 3.  This Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 950 passed the Senate on
  April 29, 2013, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 25, 2013, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 950 passed the House, with
  amendment, on May 22, 2013, by the following vote: Yeas 143,
  Nays 5, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor