By: Hancock S.B. No. 2225     A BILL TO BE ENTITLED   AN ACT   relating to the manufacture, distribution, sale, and taxation of   ready-to-drink spirit beverages.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1.04, Alcoholic Beverage Code, is   amended by amending Subdivision (3) and adding Subdivision (32) to   read as follows:                (3)  "Distilled spirits" means alcohol, spirits of   wine, whiskey, rum, brandy, gin, or any liquor produced in whole or   in part by the process of distillation, including all dilutions or   mixtures of them[, and includes spirit coolers that may have an   alcoholic content as low as four percent alcohol by volume and that   contain plain, sparkling, or carbonated water and may also contain   one or more natural or artificial blending or flavoring   ingredients].                (32)  "Ready-to-drink spirit beverage" means a   beverage that:                      (A)  consists of:                            (i)  a distilled spirit; and                            (ii)  a nonalcoholic beverage and other   blending or flavoring component or ingredient;                      (B)  has an alcoholic content of not more than 10   percent by volume; and                      (C)  is contained in a sealed container that does   not exceed 3.75 liters.          SECTION 2.  Subchapter B, Chapter 5, Alcoholic Beverage   Code, is amended by adding Section 5.62 to read as follows:          Sec. 5.62.  RULES REGARDING READY-TO-DRINK SPIRIT BEVERAGE.   The commission shall adopt rules related to the manufacture,   distribution, sale, and regulation of ready-to-drink spirit   beverages, including rules:                (1)  authorizing the holder of a distiller's and   rectifier's permit to manufacture, store, dispense, sample,   transport, and sell those beverages as provided by this code;                (2)  authorizing the holder of a nonresident seller's   permit to manufacture and sell those beverages to general and   branch distributors as provided by this code;                (3)  authorizing persons authorized to sell malt   beverages at retail to purchase ready-to-drink spirit beverages   from general and branch distributors and sell those beverages to   consumers in this state;                (4)  clarifying the applicability of Section 102.31 to   the sales of those beverages;                (5)  clarifying the applicability of Section 101.671 to   those beverages; and                (6)  clarifying that, for state tax purposes,   ready-to-drink spirit beverages are classified as spirit   beverages.          SECTION 3.  Section 14.01, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 14.01.  AUTHORIZED ACTIVITIES. (a) The holder of a   distiller's and rectifier's permit may:                (1)  manufacture distilled spirits;                (2)  rectify, purify, and refine distilled spirits and   wines;                (3)  mix wines, distilled spirits, or other liquors;                (4)  bottle, label, and package the permit holder's   finished products;                (5)  sell the finished products in this state to   holders of wholesaler's permits and to qualified persons outside   the state;                (6)  purchase distilled spirits, to be used only for   manufacturing or rectification purposes, from holders of   nonresident seller's permits or distiller's and rectifier's   permits;                (7)  dispense free distilled spirits for consumption on   the permitted premises under Section 14.04 or at a temporary event   under Section 14.09;                (8)  sell bulk alcohol produced by the permit holder   for purposes described by Section 38.01; [and]                (9)  sell distilled spirits to ultimate consumers under   Section 14.04 or 14.05;                (10)  manufacture ready-to-drink spirit beverages;                (11)  sell the finished ready-to-drink spirit   beverages to holders of general and branch distributor's licenses   and qualified persons outside this state;                (12)  sell ready-to-drink spirit beverages to ultimate   consumers in the same manner as distilled spirits under Section   14.04 or 14.05; and                (13)  dispense free ready-to-drink spirit beverages   for consumption on the permitted premises in the same manner as   distilled spirits under Section 14.04 or at a temporary event under   Section 14.09.          (b)  The privileges granted to a distiller and rectifier are   confined strictly to distilled spirits, ready-to-drink spirit   beverages, and wines manufactured and rectified under the   distiller's and rectifier's [his] permit.          SECTION 4.  Section 14.07, Alcoholic Beverage Code, is   amended by adding Subsection (h) to read as follows:          (h)  The holder of a distiller's and rectifier's permit or   the agent or employee of the holder of a distiller's and rectifier's   permit may conduct a sampling of a ready-to-drink spirit beverage   in the same manner as provided under this section for the sampling   of distilled spirits.          SECTION 5.  Section 14.071, Alcoholic Beverage Code, is   amended by adding Subsection (e) to read as follows:          (e)  The holder of a distiller's and rectifier's permit may   transport ready-to-drink spirit beverages in the same manner as   provided under this section for the transportation of liquor.          SECTION 6.  Section 24.01(a), Alcoholic Beverage Code, is   amended to read as follows:          (a)  The holder of a wine only package store permit may:                (1)  purchase wine and vinous liquors in this state   from the holder of a winery, wholesaler's, or class B wholesaler's   permit;                (2)  purchase malt beverages and ready-to-drink spirit   beverages from the holder of a general or branch distributor's   license; and                (3)  sell those beverages to consumers at retail on or   from the licensed premises in unbroken original containers of not   less than six ounces for off-premises consumption only and not for   the purpose of resale.          SECTION 7.  Section 25.01, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 25.01.  AUTHORIZED ACTIVITIES. The holder of a wine and   malt beverage retailer's permit may sell:                (1)  for consumption on or off the premises where sold,   but not for resale, wine and malt beverages containing alcohol in   excess of one-half of one percent by volume and not more than 17   percent by volume; [and]                (2)  for consumption on the premises, the following   beverages containing alcohol in excess of one-half of one percent   by volume and not more than 24 percent by volume:                      (A)  traditional port or sherry;                      (B)  dessert-flavored wine; or                      (C)  rice wine; and                (3)  for consumption on or off the premises where sold,   but not for resale, ready-to-drink spirit beverages.          SECTION 8.  Section 26.01(a), Alcoholic Beverage Code, is   amended to read as follows:          (a)  The holder of a wine and malt beverage retailer's   off-premise permit may sell for off-premises consumption only, in   unbroken original containers, but not for resale:                (1)  [,] wine and malt beverages containing alcohol in   excess of one-half of one percent by volume but not more than 17   percent by volume; and                (2)  ready-to-drink spirit beverages.          SECTION 9.  Sections 37.01(a) and (d), Alcoholic Beverage   Code, are amended to read as follows:          (a)  The holder of a nonresident seller's permit may:                (1)  solicit and take orders for liquor from permittees   authorized to import liquor into this state; [and]                (2)  ship liquor into this state, or cause it to be   shipped into this state, in consummation of sales made to   permittees authorized to import liquor into the state; and                (3)  ship ready-to-drink spirit beverages into this   state, or cause them to be shipped into this state, in consummation   of sales made to holders of a general or branch distributor's permit   authorized to import those beverages into this state.          (d)  The holder of a nonresident seller's permit or an agent   or employee of the permit holder may provide samples or tastings of   the kinds of distilled spirits and ready-to-drink spirit beverages   the permit holder is authorized to produce in the manner authorized   by Section 14.07 for the holder of a distiller's and rectifier's   permit or the agent or employee of the holder of a distiller's and   rectifier's permit. Distilled spirits and ready-to-drink spirit   beverages may legally be transported by the holder of a nonresident   seller's permit or the permit holder's agent or employee to a   retailer's premises for the purpose of providing a sample or a   tasting under this subsection. The cost of the distilled spirits   and ready-to-drink spirit beverages provided for a sampling or   tasting under this subsection is the responsibility of the holder   of the nonresident seller's permit providing the sampling or   tasting.          SECTION 10.  Section 37.011(a), Alcoholic Beverage Code, is   amended to read as follows:          (a)  The holder of a nonresident seller's permit who owns a   distillery outside of the state or whose affiliate owns a   distillery outside of the state and holds a distiller's and   rectifier's permit may enter into an agreement with the holder of a   distiller's and rectifier's permit that allows the nonresident   seller to engage in the following activities on the distiller's and   rectifier's permitted premises:                (1)  manufacture distilled spirits or ready-to-drink   spirit beverages;                (2)  rectify, purify, and refine distilled spirits,   ready-to-drink spirit beverages, and wines;                (3)  mix wines, distilled spirits, or other liquors;                (4)  bottle, label, and package the nonresident   seller's finished products; [and]                (5)  except as provided by Subdivision (6), sell the   finished products in this state to holders of distiller's and   rectifier's permits and holders of wholesaler's permits and to   authorized wholesalers and manufacturers outside the state; and                (6)  sell finished ready-to-drink spirit beverages in   this state to holders of distiller's and rectifier's permits,   holders of general and branch distributor's licenses, and   authorized wholesalers and manufacturers outside the state.          SECTION 11.  Section 37.03, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 37.03.  PERMIT REQUIRED. A nonresident seller's permit   is required of any distillery, winery, importer, broker, or person   who sells liquor or ready-to-drink spirit beverages to permittees   authorized to import liquor or ready-to-drink spirit beverages into   this state, regardless of whether the sale is consummated inside or   outside the state.          SECTION 12.  Section 37.07, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 37.07.  PROHIBITED ACTIVITIES. 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 the interest was   acquired on or before January 1, 1941, or unless the permittee is a   Texas corporation holding a manufacturer's license and a brewer's   permit issued before April 1, 1971;                (2)  fail to make or file a report with the commission   as required by a rule of the commission;                (3)  sell liquor or ready-to-drink spirit beverages for   resale inside this state that fail [fails] to meet the standards of   quality, purity, and identity prescribed by the commission;                (4)  advertise any liquor or ready-to-drink spirit   beverages contrary to the laws of this state or to the rules of the   commission, or sell liquor or ready-to-drink spirit beverages for   resale in this state in violation of advertising or labeling rules   of the commission;                (5)  sell liquor or ready-to-drink spirit beverages for   resale inside this state or cause them [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 or   ready-to-drink spirit beverages 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.          SECTION 13.  Section 37.08, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 37.08.  CANCELLATION OR SUSPENSION: NOTICE TO   IMPORTERS. When a nonresident seller's permit is cancelled or   suspended, the commission shall immediately notify in writing all   permittees authorized to import liquor or ready-to-drink spirit   beverages into the state.          SECTION 14.  Section 37.09, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 37.09.  RESTRICTION ON IMPORTATION. No person who   holds a permit authorizing the importation of liquor or   ready-to-drink spirit beverages, nor his agent or employee, may   purchase or order liquor or ready-to-drink spirit beverages for   importation from any person other than a nonresident seller's   permittee. An importer may not purchase or order liquor or   ready-to-drink spirit beverages from a nonresident seller's   permittee whose permit is under suspension after the importer has   received notice of the suspension.          SECTION 15.  Sections 37.10(a) and (b), Alcoholic Beverage   Code, are amended to read as follows:          (a)  No holder of a nonresident seller's permit may solicit,   accept, or fill an order for distilled spirits, ready-to-drink   spirit beverages, or wine from a holder of any type of wholesaler's,   distributor's, or winery permit unless the nonresident seller is   the primary American source of supply for the brand of distilled   spirits, ready-to-drink spirit beverages, 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, Texas distributors, and Texas wineries. Except as   provided by Subsection (c), a product may have only one primary   American source of supply to Texas.          SECTION 16.  Section 37.13, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 37.13.  SOLICITATION FROM HOLDER OF MIXED BEVERAGE OR   PRIVATE CLUB PERMIT. A holder of a nonresident seller's permit may   not solicit business directly or indirectly from a holder of a mixed   beverage permit or a private club registration permit unless the   nonresident seller's permit holder [he] is accompanied by the   holder of a wholesaler's permit or the wholesaler's agent or, for   the solicitation of business in relation to a ready-to-drink spirit   beverage, the holder of a general or branch distributor's license   or the distributor's agent.          SECTION 17.  Section 37.14, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 37.14.  MONTHLY REPORTS. The commission shall   promulgate rules requiring holders of nonresident seller's permits   to file monthly reports of liquor and ready-to-drink spirit   beverages sold to persons within this state. The reports shall be   supported by copies of invoices.  The commission shall prescribe   and furnish forms for this purpose.          SECTION 18.  Section 64.01(a), Alcoholic Beverage Code, is   amended to read as follows:          (a)  The holder of a general distributor's license may:                (1)  receive malt beverages in unbroken original   packages from brewers and brewpubs and from general or branch   distributors;                (2)  distribute or sell malt beverages in the unbroken   original packages in which they are received to general or branch   distributors, to local distributor permittees, to permittees or   licensees authorized to sell to ultimate consumers, to private club   registration permittees, to authorized outlets located on any   installation of the national military establishment, or to   qualified persons for shipment and consumption outside the state;   [and]                (3)  serve free malt beverages and ready-to-drink   spirit beverages for consumption on the licensed premises;                (4)  receive ready-to-drink spirit beverages in   unbroken original packages from holders of distiller's and   rectifier's permits, holders of nonresident seller's permits, and   general or branch distributors; and                (5)  distribute or sell ready-to-drink spirit   beverages in unbroken original packages in which they are received   to general or branch distributors, to permittees or licensees   authorized to sell to ultimate consumers, or to qualified persons   for shipment and consumption outside this state.          SECTION 19.  Section 64.04(a), Alcoholic Beverage Code, is   amended to read as follows:          (a)  Each holder of a general or branch distributor's license   shall make and keep a daily record of every receipt of malt   beverages and ready-to-drink spirit beverages and of every sale of   malt beverages and ready-to-drink spirit beverages, including the   name of each purchaser.  Each transaction shall be recorded on the   day it occurs. The licensee shall make and keep any other records   that the commission or administrator requires.          SECTION 20.  Sections 64.07(a) and (b), Alcoholic Beverage   Code, are amended to read as follows:          (a)  Any number of general and branch distributors may use   the same delivery vehicles, premises, location, or place of   business as licensed premises if the malt beverages and   ready-to-drink spirit beverages owned and stored by each of the   distributors are segregated.          (b)  If delivery vehicles are shared by any number of   distributors who also hold any class of wholesaler's permits,   liquor, [or] malt beverages, or ready-to-drink spirit beverages may   be transported.          SECTION 21.  Chapter 64, Alcoholic Beverage Code, is amended   by adding Section 64.091 to read as follows:          Sec. 64.091.  READY-TO-DRINK SPIRIT BEVERAGES FOR EXPORT.   (a) In this section, "ready-to-drink spirit beverages for export"   means ready-to-drink spirit beverages a distributor holds for   export to another state in which the distributor has been assigned a   territory for the distribution and sale of the ready-to-drink   spirit beverages. The term includes ready-to-drink spirit   beverages that are illegal to sell in this state because of alcohol   content, containers, packages, or labels.          (b)  The holder of a general distributor's license who   receives ready-to-drink spirit beverages for export from the holder   of a distiller's and rectifier's permit or nonresident seller's   permit may:                (1)  store the ready-to-drink spirit beverages for   export at the distributor's premises;                (2)  transport the ready-to-drink spirit beverages for   export outside the state in the distributor's own vehicles; or                (3)  deliver the ready-to-drink spirit beverages for   export to a common carrier for export and delivery outside the   state.          (c)  The holder of a general distributor's license is not   liable for any state tax on the ready-to-drink spirit beverages for   export.          SECTION 22.  Section 64.10, Alcoholic Beverage Code, is   amended by adding Subsection (e) to read as follows:          (e)  The holder of a general distributor's license may import   ready-to-drink spirit beverages into this state in the same manner   as provided for the importation of malt beverages under this   section except that the ready-to-drink spirit beverages may only be   imported from the holder of a nonresident seller's permit.          SECTION 23.  Chapter 66, Alcoholic Beverage Code, is amended   by adding Section 66.12 to read as follows:          Sec. 66.12.  READY-TO-DRINK SPIRIT BEVERAGES FOR EXPORT.   (a) In this section, "ready-to-drink spirit beverages for export"   means ready-to-drink spirit beverages a distributor holds for   export to another state in which the distributor has been assigned a   territory for the distribution and sale of the ready-to-drink   spirit beverages. The term includes ready-to-drink spirit   beverages that are illegal to sell in this state because of alcohol   content, containers, packages, or labels.          (b)  The holder of a branch distributor's license who   receives ready-to-drink spirit beverages for export from the holder   of a distiller's and rectifier's permit or nonresident seller's   permit may:                (1)  store the ready-to-drink spirit beverages for   export at the distributor's premises;                (2)  transport the ready-to-drink spirit beverages for   export outside the state in the distributor's own vehicles; or                (3)  deliver the ready-to-drink spirit beverages for   export to a common carrier for export and delivery outside the   state.          (c)  The holder of a branch distributor's license is not   liable for any state tax on the ready-to-drink spirit beverages for   export.          SECTION 24.  Section 71.01, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 71.01.  AUTHORIZED ACTIVITIES. The holder of a retail   dealer's off-premise license may sell malt beverages and   ready-to-drink spirit beverages in lawful containers to consumers,   but not for resale and not to be opened or consumed on or near the   premises where sold.          SECTION 25.  Section 101.46(a), Alcoholic Beverage Code, is   amended to read as follows:          (a)  Except as provided by Subsections (b) and[,] (c), [and   (d),] no person may import, sell, or possess with intent to sell any   liquor in a container with a capacity of less than 20 milliliters.   A container of liquor offered for sale that has a capacity of less   than six fluid ounces must substantially conform to the labeling   requirements of the Bureau of Alcohol, Tobacco, and Firearms for   larger containers in which liquor is sold. Holders of distiller's   or rectifier's permits wishing to sell liquor bottled in containers   of less than six fluid ounces to wholesalers must sell such   containers of liquor to wholesalers in units of unbroken, sealed   cases. Wholesalers shall sell liquor bottled in containers of less   than six fluid ounces to package stores in units of unbroken, sealed   cases.          SECTION 26.  Section 101.66, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 101.66.  BEVERAGES OF CERTAIN ALCOHOL CONTENT   PROHIBITED. A person may not manufacture, sell, barter, or   exchange a beverage that contains more than one-half of one percent   alcohol by volume and not more than five percent alcohol by volume,   except malt beverages, wine coolers, and ready-to-drink spirit   beverages [coolers].          SECTION 27.  Section 101.671, Alcoholic Beverage Code, is   amended by adding Subsection (g) to read as follows:          (g)  An authorized permittee must register and get approval   in the manner provided by this section for distilled spirits before   the permittee may ship a ready-to-drink spirit beverage within this   state.          SECTION 28.  Section 102.31(a), Alcoholic Beverage Code, is   amended to read as follows:          (a)  This section applies to:                (1)  the sale of malt beverages or malt beverage   containers or the original packages in which malt beverages are   received, packaged, or contained by a distributor's licensee to a   retail dealer's on-premise or off-premise licensee, a wine and malt   beverage retailer's permittee, or a wine and malt beverage   retailer's off-premise permittee; [and]                (2)  the sale of malt beverages by a local distributor's   permittee, or by any licensee authorized to sell those beverages   for resale, to a mixed beverage permittee; and                (3)  the sale of ready-to-drink spirit beverages by a   distributor's licensee to the holder of a wine only package store   permit, wine and malt beverage retailer's permit, wine and malt   beverage retailer's off-premise permit, or retail dealer's   off-premise license.          SECTION 29.  Subchapter C, Chapter 102, Alcoholic Beverage   Code, is amended by adding Section 102.501 to read as follows:          Sec. 102.501.  APPLICABILITY OF SUBCHAPTER TO CERTAIN   PERMITTEES AND LICENSEES. The holder of a distiller's and   rectifier's permit or nonresident seller's permit shall designate   territorial limits and enter into written agreements with general   or branch distributor's licensees only with regards to the sale of   ready-to-drink spirit beverages in the same manner as a provider   for the sale of malt beverages under this subchapter.          SECTION 30.  Subchapter D, Chapter 102, Alcoholic Beverage   Code, is amended by adding Section 102.715 to read as follows:          Sec. 102.715.  APPLICABILITY TO CERTAIN PERMITTEES AND   LICENSEES. (a) In this subchapter, the term "brewer" includes a   person permitted under Section 14.01 or 37.01 only with regards to   the manufacture and sale of ready-to-drink spirit beverages.          (b)  In this subchapter, the term "malt beverage" includes a   ready-to-drink spirit beverage.          SECTION 31.  Section 105.051, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 105.051.  SALE OF CERTAIN ALCOHOLIC [MALT] BEVERAGES BY   DISTRIBUTOR'S LICENSEE. The holder of a general or branch   distributor's license may sell, offer for sale, or deliver malt   beverages and ready-to-drink spirit beverages 24 hours a day Monday   through Saturday and between midnight and 1 a.m. and between noon   and midnight on Sunday.          SECTION 32.  Chapter 105, Alcoholic Beverage Code, is   amended by adding Section 105.052 to read as follows:          Sec. 105.052.  HOURS OF SALE: READY-TO-DRINK SPIRIT   BEVERAGES. A person may sell, offer for sale, or deliver   ready-to-drink spirit beverages during the same hours as a person   may sell malt beverages under Section 105.05.          SECTION 33.  Section 105.081, Alcoholic Beverage Code, is   amended by amending Subsection (a) and adding Subsection (c) to   read as follows:          (a)  The holder of a distiller's and rectifier's permit may   sell and offer for sale distilled spirits and ready-to-drink spirit   beverages for on-premises consumption and a person may consume   distilled spirits and ready-to-drink spirit beverages on the   permitted premises during the same hours mixed beverages may be   sold and offered for sale by a mixed beverage permit holder under   Section 105.03(b).          (c)  The holder of a distiller's and rectifier's permit may   sell and offer for sale ready-to-drink spirit beverages to ultimate   consumers for off-premises consumption during the same hours as a   person may sell malt beverages under Section 105.05.          SECTION 34.  Section 107.10, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 107.10.  TRANSPORTATION OF WINE COOLERS [OR SPIRIT   COOLERS]. [(a)] A holder of a wholesaler's or general class B   wholesaler's permit may transport and sell wine coolers without a   prior order if the holder complies with the provisions of this code   and rules of the commission applicable to the transportation and   sale of malt beverages by a holder of a distributor's license.          [(b)  A holder of a wholesaler's permit may transport and   sell spirit coolers without a prior order if the holder complies   with the provisions of this code and rules of the commission   applicable to the transportation and sale of malt beverages by a   holder of a distributor's license.]          SECTION 35.  Section 201.02, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 201.02.  "FIRST SALE" DEFINED.  In this subchapter,   "first sale":                (1)  as applied to liquor imported into this state by   the holder of a wholesaler's permit authorizing importation, means   the first actual sale by the permittee to the holder of any other   permit authorizing the retail sale of the beverage or to the holder   of a local distributor's permit; and                (2)  as applied to all other liquor, means the first   sale, possession, distribution, or use in this state, except that   the term does not include the first sale by:                      (A)  the holder of a winery permit to another   holder of a winery permit or the holder of a wholesaler's permit;   [or]                      (B)  the holder of a distiller's and rectifier's   permit to the holder of a wholesaler's permit; or                      (C)  the holder of a distiller's and rectifier's   permit or nonresident seller's permit to the holder of a general or   branch distributor's license.          SECTION 36.  Section 101.46(d), Alcoholic Beverage Code, is   repealed.          SECTION 37.  As soon as practicable after the effective date   of this Act, the Texas Alcoholic Beverage Commission shall adopt   rules necessary to implement the changes in law made by this Act.          SECTION 38.  This Act takes effect September 1, 2025.