Tex. Alcoh. Bev. Code Section 109.05
Sale of Liquor: Procedure

(a)

When the commission is notified under this subchapter of the acquisition of liquor or its containers or original packages, it shall immediately notify the holder or holders of wholesaler’s or class B wholesaler’s permits who handle and regularly sell the brand or brands of liquor involved and who operate in the area where the liquor is located, or who operate in the nearest wet area if the liquor is in a dry area. The commission shall also notify the nonresident seller’s permittees who handle the brand or brands of liquor involved, or the nonresident seller’s agents who represent those nonresident seller’s permittees.

(b)

The commission, the permittees who are notified, and the insurer or insurance salvor shall jointly determine whether the liquor is salable. If the liquor is determined to be unsalable, the commission shall destroy it. If it is determined to be salable, it shall first be offered for sale to the wholesaler and nonresident seller of the brand or brands at their cost price, less any state taxes that have been paid on the liquor.

(c)

If the wholesaler does not exercise the right to purchase the liquor, container, or packages within 10 days after it is offered, the commission shall sell it at a public or private sale.
Acts 1977, 65th Leg., p. 524, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 351, eff. September 1, 2019.

Source: Section 109.05 — Sale of Liquor: Procedure, https://statutes.­capitol.­texas.­gov/Docs/AL/htm/AL.­109.­htm#109.­05 (accessed Jun. 5, 2024).

109.01
Sale of Salvaged or Insured Loss 109.02
Registration of Beverages with Commission 109.03
Prerequisite to Salability 109.04
Sale of Malt Beverages: Procedure 109.05
Sale of Liquor: Procedure 109.06
Purchaser’s Right to Use Beverages 109.07
Salvor May Reject Bid 109.08
Exclusion 109.09
Removal, Destruction, and Disposal of Uninsured Beverages Unfit for Consumption 109.21
Home Production of Wine or Malt Beverages 109.22
Delivery of Home-produced Wine or Malt Beverages for Certain Purposes 109.31
Municipal Regulation of Liquor 109.32
Municipal and County Regulation of Malt Beverages 109.33
Sales near School, Church, or Hospital 109.35
Orders for Prohibition on Consumption 109.36
Consumption of Alcoholic Beverages near Homeless Shelter or Substance Abuse Treatment Center 109.51
Sacramental Wine 109.52
Warehouse Receipts 109.53
Citizenship of Permittee 109.54
Festivals and Civic Celebrations 109.55
Certificate 109.56
Conviction of Offense Relating to Discrimination 109.57
Application of Code 109.58
Relaxation of Restrictions as to Charitable Events 109.59
Application of Distance Requirements 109.60
Purchases by Certain Permitees 109.61
Use of Certain Electronically Readable Information 109.62
Temporary Relocation of Distributor or Wholesaler During Emergency 109.63
Bulk Transfers Between Certain Permittees and Licensees 109.64
Bulk Purchase for Industrial Use 109.331
Sales near Day-care Center or Child-care Facility 109.531
Additional Requirements for Application or Renewal of Permit, License, or Certificate by Out-of-state Residents 109.532
Criminal History Background Checks 109.541
Tastings at Certain Festivals and Civic Celebrations
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Accessed:
Jun. 5, 2024

§ 109.05’s source at texas​.gov