By Mowery H.B. No. 2328
76R8087 AJA-D
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; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 107, Alcoholic Beverage Code, is amended
1-6 by adding Section 107.12 to read as follows:
1-7 Sec. 107.12. IMPORTATION BY DIRECT SHIPMENT. (a)
1-8 Notwithstanding Section 107.07, a Texas resident may import
1-9 alcoholic beverages for the resident's personal use by having the
1-10 beverages shipped directly to the resident from a person holding a
1-11 valid direct shipper's permit.
1-12 (b) A resident may import under this section within any
1-13 one-month period not more than:
1-14 (1) one quart of liquor;
1-15 (2) three gallons of wine; or
1-16 (3) 24 12-ounce bottles or an equivalent quantity of
1-17 beer.
1-18 (c) A minor may not import alcoholic beverages into the
1-19 state.
1-20 SECTION 2. Subtitle A, Title 3, Alcoholic Beverage Code, is
1-21 amended by adding Chapter 54 to read as follows:
1-22 CHAPTER 54. DIRECT SHIPPER'S PERMIT
1-23 Sec. 54.01. AUTHORIZED ACTIVITIES. (a) The holder of a
1-24 direct shipper's permit may ship an alcoholic beverage from the
2-1 holder's state directly to a resident of this state for the
2-2 resident's personal use.
2-3 (b) The holder of a direct shipper's permit may not:
2-4 (1) ship to a resident or an address in this state
2-5 within any one-month period more than:
2-6 (A) one quart of liquor;
2-7 (B) three gallons of wine; or
2-8 (C) 24 12-ounce bottles or an equivalent
2-9 quantity of beer;
2-10 (2) ship an alcoholic beverage to a minor; or
2-11 (3) ship an alcoholic beverage in this state using a
2-12 carrier that does not hold a carrier's permit under this code.
2-13 (c) The holder of a direct shipper's permit shall ensure
2-14 that each shipment of alcoholic beverages to this state is
2-15 conspicuously labeled with the words "signature of person age 21 or
2-16 older required for delivery."
2-17 (d) The holder of a direct shipper's permit shall pay
2-18 annually:
2-19 (1) all taxes that would be due on the type of
2-20 alcoholic beverage shipped if the sale were made in the location
2-21 where the alcoholic beverage was delivered; and
2-22 (2) the administrative fee required to be paid under
2-23 Section 107.07 or any other provision of this code relating to the
2-24 importation of alcoholic beverages.
2-25 Sec. 54.02. QUALIFICATION FOR PERMIT. The commission may
2-26 issue a direct shipper's permit only to a person holding a license
2-27 or permit as an alcoholic beverage manufacturer, importer,
3-1 wholesaler, or retailer in the state from which the alcoholic
3-2 beverages are shipped.
3-3 Sec. 54.03. FEE. The initial fee for a direct shipper's
3-4 permit is $100. The holder of a direct shipper's permit may renew
3-5 the permit annually by paying a $100 renewal fee and providing the
3-6 commission with proof of compliance with Section 54.02.
3-7 Sec. 54.04. REPORTS AND PAYMENT OF TAXES. The holder of a
3-8 direct shipper's permit shall, not later than January 15 of each
3-9 year, file a report with the commission showing the amounts, by
3-10 type, and the sale prices of the alcoholic beverages shipped into
3-11 the state during the previous calendar year and any other
3-12 information that the commission by rule requires.
3-13 Sec. 54.05. RULES. The commission shall adopt rules
3-14 regarding:
3-15 (1) the manner in which taxes and fees required under
3-16 Section 54.01(d) will be calculated and collected;
3-17 (2) records that the holder of a direct shipper's
3-18 permit shall maintain; and
3-19 (3) the audit of records maintained by the holder of a
3-20 direct shipper's permit.
3-21 Sec. 54.06. ALTERNATIVES TO SUSPENSION; CANCELLATION.
3-22 Section 11.64 applies to a permit issued under this chapter.
3-23 SECTION 3. Section 107.07(f), Alcoholic Beverage Code, is
3-24 repealed.
3-25 SECTION 4. This Act takes effect September 1, 1999.
3-26 SECTION 5. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.