SECTION 41.41. Sale to and by Lien Holders

(a) All alcoholic beverages are subject to levy and other judicial process the same as any other personal property under the general laws of the state.

(b) Alcoholic beverages may be sold to and purchased by lien holders and licensees and permittees who are privileged to purchase and sell the same.

(c) In all instances after such sale has been made, the person making the sale shall notify the executive director or the executive director's designee, giving the date of sale, the names and addresses of both the original owner and the purchaser, an inventory of the beverages sold and the name of the lien holder or lien holders. A lien holder who is not a licensee or permittee and who purchases alcoholic beverages or who procures title thereto in any other lawful manner shall dispose of such alcoholic beverages within 30 days after acquiring title thereto, unless the executive director grants additional time for good cause shown.

(d) Before reselling alcoholic beverages under this section, the lien holder shall apply to the executive director or the executive director's designee for permission to make such sale. The application shall show the name and address of the intended purchaser, the number of the intended purchaser's license or permit, the quantity and type of beverages to be sold, and the date and manner of the sale, and shall include copies of any documentation by which the lien holder procured title thereto.

Source Note: The provisions of this §41.41 adopted to be effective December 6, 2021, 46 TexReg 8246