Texas

The Texas Alcoholic Beverage Commission (TABC) is the state agency that regulates all phases of the alcoholic beverage industry in Texas. The duties of the commission include regulating sales, taxation, importation, manufacturing, transporting, and advertising of alcoholic beverages.

Laws & Rules:

• Texas Alcoholic Beverage Code
• TABC Administrative Rules – Title 16 Part 3
• Information for TABC Rulemaking Process
• Alcohol Excise Tax Rates

Required:  Yes

Name:  Nonresident Seller’s Permit (S)

Fee:  $1,800

Expiration:  2 years from issue date

A Nonresident Seller’s Permit authorizes distillers, wineries, importers, brokers and others to solicit, take orders, ship liquor or cause liquor to be shipped to permittees authorized to import liquor into Texas. A Nonresident Seller’s Permit can be issued to persons inside the state, as well as to persons outside the state. If permit is issued to persons inside the state they cannot take physical possession (store or transport) the liquor.

The Texas Alcoholic Beverage Commission (TABC) has approved a new license and permit fee structure that becomes effective on Sept. 1, 2021, and includes a change in the Out-of-State Winery Direct Shipper and Nonresident Seller permit fees. The TABC approved the new two-year fee for the Out-of-State Winery Direct Shipper Permit at $500 and approved the Nonresident Seller Permit at $1,800, both fees greatly reduced from the initially proposed $1,700 and $2,100, respectively.

Effective Sept. 1, 2021 an S Permit may no longer import malt beverage products.

Resources:

• Nonresident Seller’s Permit Application (paper form, 02/2022)
• Apply Online (AIMS Login)
• New License Fees, effective Sept. 1, 2021 
• TABC 2021 Changes (prepare for changes to the application process)

Required:  Yes

Fee:  $25

Approval:  30 days or less

Expiration:  Does Not Expire

Revision Required:  Tax Class change, COLA change

Only the holder of a Non-Resident Seller’s license may submit an application for label approval. The Nonresident Seller must be the primary American source of supply for the brand being registered. A product sample may be required if the alcohol content is less than 7% alc/vol and there is no TTB COLA available.

A new TABC label approval is required if the TTB requires you to get a new COLA or the ABV changes the tax class of the wine (lower wine tax class is 14% and under, higher tax class is over 14%).

Resources:

• TABC Online Label Approval System
• AIMS Onboarding – Product Registration FAQ 
• How to Register a Product in AIMS
• Product Registration Application for Wine (paper)
• Label Approval FAQs
• Major Changes to TABC Label Approval effective Dec. 31, 2020
• TABC Talks: Upcoming Product Registration Changes, posted Dec. 10, 2020
• Approved Labels Search (old system)

Franchise Law:  No

Exclusive Territories:  Not Required

Texas does not have a franchise law for wine.

Required:  Yes

Name:  Non-Resident Sellers Report

Due Date:  Monthly, by the 15th

A Non-Resident Sellers Report is due on the 15th day of the month following each reporting period. A copy of each invoice must be submitted with each report.

Nonresident Reports may submitted in AIMS starting Oct. 4, 2021.

Resources:

• Nonresident Seller’s Report (rev. 09/2021)
• AIMS Onboarding – Excise Tax/Reporting 
• How To File Excise Tax Reports in AIMS – PDF instructions for out-of-state filers
• How To File Excise Tax Reports: Nonresident Seller’s Permit (S)
• How To File Excise Tax Reports in AIMS -watch video
• Technology Changes AIMS Onboarding Started Sept. 1, 2021

Available:  No

Legislation (H.B. 1545) passed by the 86th Legislature made several changes to the Texas Alcoholic Beverage code, including the elimination of agent licenses/permits effective September 1, 2019. Beginning July 1, 2019, the TABC will no longer accept or process applications for agents of businesses that manufacture or distribute alcoholic beverages.

Agent activities and employer liability are still regulated under Texas Alcoholic Beverage Code, Chapters 15, 35, 36, and 73. Additionally, the Texas Legislature updated Sections 11.72 and 61.86 of the Code to require that license/permit holders who are represented by an agent must maintain records relating to the agent’s activities for four years from the date the record is created.

Resources:

• Agent’s Licenses/Permits Eliminated Notice (July 1, 2019)

License:  Not Allowed

No statutory or regulatory provisions allowing an out-of-state winery to self-distribute noted.

• How to Use AIMS – Guides & Videos
• TABC 2021 Changes (prepare for changes to the application process in summer 2021)
• Technology Changes AIMS Onboarding Started Sept. 1, 2021
• Updated TABC Advisories and Bulletins
• TABC Advisories and Bulletins
• TABC FAQs
• TABC Articles & Industry Notices 
• TABC Legislative Updates
• TABC Marketing Practices FAQ
• Marketing Bulletin -Tastings at Retail Accounts
• MPA012 – Using Media to Advertise Alcoholic Beverages (04/2021)
• Local Option Elections / Wet-Dry Areas
• Alcohol-To-Go Is Now Permanent Law of the Land in Texas, May 12, 2021
• TABC YouTube channel – watch TABC Talks videos