By Mowery H.B. No. 1046
77R4911 AJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to importation of wine into the state by direct shipment.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 107.07, Alcoholic Beverage Code, is
1-5 amended to read as follows:
1-6 Sec. 107.07. IMPORTATION FOR PERSONAL USE; IMPORTATION BY
1-7 RAILROAD COMPANIES. (a) A person who is a [Texas] resident of this
1-8 state may import for the person's own personal use, without being
1-9 required to hold a permit:
1-10 (1) not more than one quart of liquor;
1-11 (2) [for his own personal use without being required
1-12 to hold a permit. A Texas resident may import for his own personal
1-13 use] not more than three gallons of wine; or
1-14 (3) not more than 24 12-ounce bottles or an equivalent
1-15 quantity of beer [without being required to hold a permit].
1-16 (b) A person who is not a resident of this state
1-17 [nonresident of Texas] may import not more than one [a] gallon of
1-18 liquor for the person's [his] own personal use without being
1-19 required to hold a permit.
1-20 (c) A person importing an alcoholic beverage [liquor] into
1-21 the state under this section [subsection] must:
1-22 (1) pay the state tax on that alcoholic beverage
1-23 [liquor] and an administrative fee of 50 cents; and
1-24 (2) [must] affix the required tax stamps.
2-1 (d) A person who is a [No] minor or who is [and no]
2-2 intoxicated [person] may not import an alcoholic beverage [any
2-3 liquor] into the state under this section.
2-4 (e) A person importing an alcoholic beverage [wine or
2-5 liquor] under this section [subsection] must personally accompany
2-6 the alcoholic beverage [wine or liquor] as it enters the state.
2-7 (f) A person may not import an alcoholic beverage under this
2-8 section [avail himself of the exemptions set forth in this
2-9 subsection] more than once every thirty days.
2-10 (g) [(b) A person may import beer into this state for his
2-11 own personal use without being required to hold a license, but may
2-12 not import more than 24 twelve-ounce bottles or an equivalent
2-13 quantity in any one thirty-day period. He must pay the state tax
2-14 on beer and an administrative fee of 50 cents.]
2-15 [(c)] A member of the armed forces stationed in Texas is
2-16 treated as a [Texas] resident of this state for the purposes of
2-17 [Subsections (a) and (b) of] this section.
2-18 (h) [(d)] A railroad company operating in this state may
2-19 import beer owned by the company in quantities necessary to meet
2-20 the needs of its passengers, but it may not sell or serve beer in a
2-21 dry area.
2-22 (i) [(e)] The administrative fees collected under this
2-23 section shall be used by the commission for the administrative
2-24 costs of enforcing the requirements of [Subsections (a) and (b) of]
2-25 this section.
2-26 (j) Except as provided by Section 107.12, a [(f) Any] person
2-27 in the business of selling alcoholic beverages in another state or
3-1 country who ships or causes to be shipped an [any] alcoholic
3-2 beverage directly to a [any Texas] resident of this state commits
3-3 an offense [under this section is in violation of this code].
3-4 SECTION 2. Chapter 107, Alcoholic Beverage Code, is amended
3-5 by adding Section 107.12 to read as follows:
3-6 Sec. 107.12. IMPORTATION BY DIRECT SHIPMENT. (a)
3-7 Notwithstanding Section 107.07, a Texas resident may import wine
3-8 for the resident's personal use by having the wine shipped
3-9 directly to the resident from a person holding a valid direct wine
3-10 shipper's permit.
3-11 (b) A resident may import under this section within any
3-12 one-month period not more than three gallons of wine.
3-13 (c) A resident may only import wine from a person who ships
3-14 the wine in this state using a carrier that holds a carrier's
3-15 permit under this code.
3-16 (d) A resident may not have wine shipped into a dry area.
3-17 (e) A minor may not import alcoholic beverages into the
3-18 state.
3-19 SECTION 3. Subtitle A, Title 3, Alcoholic Beverage Code, is
3-20 amended by adding Chapter 54 to read as follows:
3-21 CHAPTER 54. DIRECT WINE SHIPPER'S PERMIT
3-22 Sec. 54.01. AUTHORIZED ACTIVITIES. (a) The holder of a
3-23 direct wine shipper's permit may ship wine from the holder's state
3-24 or country directly to a resident of this state for the resident's
3-25 personal use.
3-26 (b) The holder of a direct wine shipper's permit may not:
3-27 (1) ship more than three gallons of wine within any
4-1 one-month period to a resident or an address in this state;
4-2 (2) ship wine to a minor;
4-3 (3) ship wine in this state using a carrier that does
4-4 not hold a carrier's permit under this code; or
4-5 (4) ship wine into a dry area.
4-6 (c) The holder of a direct wine shipper's permit shall
4-7 ensure that each shipment of wine to this state is conspicuously
4-8 labeled with the words "signature of person age 21 or older
4-9 required for delivery."
4-10 (d) The holder of a direct wine shipper's permit shall pay
4-11 annually:
4-12 (1) all taxes that would be due on the wine shipped if
4-13 the sale were made in the location where the alcoholic beverage was
4-14 delivered; and
4-15 (2) the administrative fee required to be paid under
4-16 Section 107.07 or any other provision of this code relating to the
4-17 importation of wine.
4-18 Sec. 54.02. QUALIFICATION FOR PERMIT. To hold a direct wine
4-19 shipper's permit, a person must hold a license or permit that
4-20 authorizes the person to sell wine directly to a consumer in the
4-21 state or country from which the wine is shipped.
4-22 Sec. 54.03. FEE. The initial fee for a direct wine
4-23 shipper's permit is $100. The holder of a direct wine shipper's
4-24 permit may renew the permit annually by paying a $25 renewal fee
4-25 and providing the commission with proof of compliance with Section
4-26 54.02.
4-27 Sec. 54.04. REPORTS. The holder of a direct wine shipper's
5-1 permit shall, not later than January 15 of each year, file a report
5-2 with the commission showing the amounts and the sale prices of wine
5-3 shipped into the state during the previous calendar year and any
5-4 other information that the commission by rule requires.
5-5 Sec. 54.05. RULES. The commission shall adopt rules
5-6 regarding:
5-7 (1) the manner in which taxes and fees required under
5-8 Section 54.01(d) will be computed and collected;
5-9 (2) records that the holder of a direct wine shipper's
5-10 permit shall maintain; and
5-11 (3) the audit of records maintained by the holder of a
5-12 direct wine shipper's permit.
5-13 Sec. 54.06. ALTERNATIVES TO SUSPENSION OR CANCELLATION.
5-14 Section 11.64 applies to a permit issued under this chapter.
5-15 SECTION 4. This Act takes effect September 1, 2001.