By Mowery H.B. No. 2137
76R7719 AJA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to importation of alcoholic beverages into the state by
1-3 direct shipment.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 107.07(a) and (f), Alcoholic Beverage
1-6 Code, are amended to read as follows:
1-7 (a) A Texas resident may import not more than one quart of
1-8 liquor for his own personal use without being required to hold a
1-9 permit. A Texas resident may import for his own personal use not
1-10 more than three gallons of wine without being required to hold a
1-11 permit. A nonresident of Texas may import not more than a gallon
1-12 of liquor for his own personal use without being required to hold a
1-13 permit. A person importing liquor into the state under this
1-14 subsection must pay the state tax on liquor and an administrative
1-15 fee of 50 cents and must affix the required tax stamps. No minor
1-16 and no intoxicated person may import any liquor into the state. [A
1-17 person importing wine or liquor under this subsection must
1-18 personally accompany the wine or liquor as it enters the state.] A
1-19 person may not avail himself of the exemptions set forth in this
1-20 subsection more than once every thirty days.
1-21 (f) A supplier that ships an alcoholic beverage directly to
1-22 a resident of this state is not required to have a license or
1-23 permit. The supplier must report the shipment to the commission
1-24 on forms prescribed by the commission and pay any required tax or
2-1 fee in a manner prescribed by the commission. The supplier may not
2-2 ship an alcoholic beverage to a minor or to an individual in an
2-3 area where the alcoholic beverage may not lawfully be sold. A
2-4 supplier may ship an alcoholic beverage only to an individual for
2-5 that individual's personal use. [Any person in the business of
2-6 selling alcoholic beverages in another state or country who ships
2-7 or causes to be shipped any alcoholic beverage directly to any
2-8 Texas resident under this section is in violation of this code.]
2-9 SECTION 2. This Act takes effect September 1, 1999, and
2-10 applies only to the importation or shipment of an alcoholic
2-11 beverage on or after the effective date of this Act. The
2-12 importation or shipment of an alcoholic beverage before the
2-13 effective date of this Act is governed by the law as it existed
2-14 immediately before the effective date of this Act, and that law is
2-15 continued in effect for that purpose.
2-16 SECTION 3. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.