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.