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.