TX HB5388

Amends Section 37.011(a) of the Texas Alcoholic Beverage Code to modify requirements for operating agreements between nonresident sellers and in-state distilleries

Adds a new requirement that nonresident seller's permit holders who own a distillery outside Texas must also hold a distiller's and rectifier's permit to enter into operating agreements with Texas-based distillers

Operating agreements allow nonresident sellers to manufacture, rectify, purify, refine, mix, bottle, label, and package distilled spirits and wines on a Texas distiller's permitted premises

Nonresident sellers with such agreements may sell finished products in Texas to distiller's and rectifier's permit holders, wholesaler's permit holders, and authorized wholesalers and manufacturers outside the state

Takes effect September 1, 2025