By Madla                                               S.B. No. 457
         76R5153 AJA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the importation of alcoholic beverages for personal
 1-3     use.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 107.07, Alcoholic Beverage Code, is
 1-6     amended by amending Subsections (a) and (f) 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 in another state or country that ships an
1-22     alcoholic beverage directly to a resident of this state is not
1-23     required to hold a license or permit issued under this code. The
1-24     supplier shall report the shipment to the commission on forms
 2-1     prescribed by the commission and shall pay any required tax or fee
 2-2     in a manner prescribed by the commission.  [Any person in the
 2-3     business of selling alcoholic beverages in another state or country
 2-4     who ships or causes to be shipped any  alcoholic beverage directly
 2-5     to any Texas resident under this section is in violation of this
 2-6     code.]
 2-7           SECTION 2.  This Act takes effect September 1, 1999, and
 2-8     applies only to the importation or shipment of an alcoholic
 2-9     beverage on or after the effective date of this Act.  The
2-10     importation or shipment of an alcoholic beverage before the
2-11     effective date of this Act is governed by the law as it existed
2-12     immediately before the effective date of this Act, and that law is
2-13     continued in effect for that purpose.
2-14           SECTION 3.  The importance of this legislation and the
2-15     crowded condition of the calendars in both houses create an
2-16     emergency and an imperative public necessity that the
2-17     constitutional rule requiring bills to be read on three several
2-18     days in each house be suspended, and this rule is hereby suspended.