By Haggerty H.B. No. 3638
77R10646 AJA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to sale and direct shipment of wine to consumers;
1-3 providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 16.05(b), Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 (b) If the premises are in a dry area, the permittee may:
1-8 (1) sell wine in this state to:
1-9 (A) [(1)] permit holders authorized to sell wine
1-10 to the ultimate consumer in unbroken packages for off-premises
1-11 consumption in an amount not to exceed 25,000 gallons annually;
1-12 (B) [(2)] holders of wholesaler's permits,
1-13 winery permits, and wine bottler's permits; and
1-14 (C) [(3)] ultimate consumers in unbroken
1-15 packages for consumption off winery premises in an amount not to
1-16 exceed 25,000 gallons annually; and
1-17 (2) if the winery holds a direct wine shipper's
1-18 permit, sell and ship wine to an ultimate consumer [for seven
1-19 consecutive days each year if:]
1-20 [(A) the winery is located in:]
1-21 [(i) a dry area; and]
1-22 [(ii) a county with a population of 15,000
1-23 or less in which a majority of the area of the county is a dry area
1-24 and in which one municipality is in a wet area; or]
2-1 [(iii) a county that has a population of
2-2 at least 20,000, but not more than 30,000, and that borders the Red
2-3 River and in which a majority of the area of the county is a dry
2-4 area;]
2-5 [(B) the grapes used in manufacturing the wine
2-6 are grown and harvested in the dry area;]
2-7 [(C) the wine is manufactured, bottled, and sold
2-8 on the winery premises; and]
2-9 [(D) the holder of the permit, not later than
2-10 the 14th day before the date of the start of the seven-day period,
2-11 notifies the commission of the winery's intention to sell wine
2-12 under the authority of this subsection].
2-13 SECTION 2. Chapter 107, Alcoholic Beverage Code, is amended
2-14 by adding Section 107.12 to read as follows:
2-15 Sec. 107.12. IMPORTATION OF WINE BY DIRECT SHIPMENT. (a)
2-16 Notwithstanding Section 107.07, a Texas resident may import wine
2-17 for the resident's personal use by having the wine shipped
2-18 directly to the resident from a person who:
2-19 (1) holds a valid direct wine shipper's permit; and
2-20 (2) ships the wine in this state using a carrier who
2-21 holds a carrier's permit issued under this code.
2-22 (b) A resident may import under this section not more than
2-23 three gallons of wine within any one-month period.
2-24 (c) A minor may not import wine into the state.
2-25 SECTION 3. Subtitle A, Title 3, Alcoholic Beverage Code, is
2-26 amended by adding Chapter 54 to read as follows:
2-27 CHAPTER 54. DIRECT WINE SHIPPER'S PERMIT
3-1 Sec. 54.01. AUTHORIZED ACTIVITIES. (a) The holder of a
3-2 direct wine shipper's permit may ship wine directly to a resident
3-3 of this state for the resident's personal use.
3-4 (b) The holder of a direct wine shipper's permit may not:
3-5 (1) ship more than three gallons of wine to a resident
3-6 or an address in this state within any one-month period;
3-7 (2) ship wine to a minor; or
3-8 (3) ship wine in this state using a carrier that does
3-9 not hold a carrier's permit issued under this code.
3-10 (c) The holder of a direct wine shipper's permit shall
3-11 ensure that each shipment of wine to this state is conspicuously
3-12 labeled with the words "signature of person age 21 or older
3-13 required for delivery."
3-14 Sec. 54.02. QUALIFICATION FOR PERMIT. The commission may
3-15 issue a direct wine shipper's permit only to a person holding a
3-16 nonresident seller's permit, a winery permit, or a wholesaler's
3-17 permit.
3-18 Sec. 54.03. FEE. The annual fee for a direct wine shipper's
3-19 permit is $500.
3-20 Sec. 54.04. ALTERNATIVES TO SUSPENSION; CANCELLATION.
3-21 Section 11.64 applies to a permit issued under this chapter.
3-22 SECTION 4. Section 106.06, Alcoholic Beverage Code, is
3-23 amended by adding a new Subsection (c) and redesignating existing
3-24 Subsection (c) as Subsection (d) to read as follows:
3-25 (c) The holder of a direct wine shipper's permit commits an
3-26 offense if an agent of the permit holder acting on behalf of the
3-27 permit holder or within the scope of the agent's office or
4-1 employment engages in conduct described by Subsection (a).
4-2 (d) [(c)] An offense under this section is a Class B
4-3 misdemeanor.
4-4 SECTION 5. Section 201.04, Alcoholic Beverage Code, is
4-5 repealed.
4-6 SECTION 6. Section 16.05(b), Alcoholic Beverage Code, as
4-7 amended by this Act, applies only to the sale of wine on or after
4-8 the effective date of this Act. The sale of wine before the
4-9 effective date of this Act is governed by the law in effect
4-10 immediately before that date, and that law is continued in effect
4-11 for that purpose.
4-12 SECTION 7. This Act takes effect September 1, 2001.