Amend SB 770 by striking all below the enacting clause and 
substituting the following:
	SECTION 1.  Subsection (f), Section 107.07, Alcoholic 
Beverage Code, is amended to read as follows:
	(f)  Except as provided by Chapter 55, any [Any] person in 
the business of selling alcoholic beverages in another state or 
country who ships or causes to be shipped any alcoholic beverage 
directly to any Texas resident under this section is in violation of 
this code.
	SECTION 2.  Subtitle A, Title 3, Alcoholic Beverage Code, is 
amended by adding Chapters 54 and 55 to read as follows:

CHAPTER 54.  DIRECT WINE SHIPPER'S PERMIT
	Sec. 54.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a 
direct wine shipper's permit may ship wine manufactured by the 
permit holder from the holder's state or country directly to a 
resident of this state who holds a personal wine importation permit 
for the resident's personal use.
	(b)  The holder of a direct wine shipper's permit may not:              
		(1)  ship more than three gallons of wine in any 30-day 
period to a resident or an address in this state;
		(2)  ship wine to a minor;                                             
		(3)  ship wine in this state using a carrier that does 
not hold a carrier's permit under this code;
		(4)  ship wine into a dry area; or                                     
		(5)  sell or ship wine into the state that does not have 
commission approval under Section 37.11.
	(c)  The holder of a direct wine shipper's permit shall 
ensure that each package of wine shipped under this section is 
clearly labeled as containing alcohol and requiring the signature 
of a person 21 years of age or older for delivery.
	Sec. 54.02.  QUALIFICATION FOR PERMIT.  (a)  To hold a 
direct wine shipper's permit, a person must hold a license or permit 
that authorizes the person to manufacture wine in the state or 
country from which the wine is shipped.
	(b)  The holder of a direct wine shipper's permit may not 
hold a nonresident seller's permit issued under this code.
	Sec. 54.03.  FEE; RENEWAL.  The initial fee for a direct wine 
shipper's permit is $250.  The holder of a direct wine shipper's 
permit may renew the permit annually by paying a $250 renewal fee 
and providing the commission with proof of compliance with Section 
54.02.
	Sec. 54.04.  REPORTS.  The holder of a direct wine shipper's 
permit shall file periodic reports with the commission, as required 
by commission rule, indicating:
		(1)  the amount and sale prices of wine shipped to each 
resident of this state each calendar month;
		(2)  the purchaser's name, address, and personal wine 
importation permit number; and
		(3)  any other information that the commission by rule 
requires.     
	Sec. 54.05.  ALTERNATIVES TO SUSPENSION OR CANCELLATION.  
Section 11.64 applies to a permit issued under this chapter.

CHAPTER 55.  PERSONAL WINE IMPORTATION PERMIT
	Sec. 55.01.  AUTHORIZED ACTIVITIES; PROHIBITIONS.  
(a)  Notwithstanding Section 107.07, a person who holds a personal 
wine importation permit may purchase and have wine shipped directly 
to the permit holder's address for the permit holder's personal use 
from a person holding a direct wine shipper's permit.
	(b)  The holder of a personal wine importation permit may not 
have more than three gallons of wine in any 30-day period or 36 
gallons of wine in any 12-month period shipped to the permit holder 
under this section.
	(c)  The holder of a personal wine importation permit may not 
have wine shipped into a dry area.
	(d)  The holder of a personal wine importation permit shall 
pay:      
		(1)  all sales and use taxes that would be due on the 
wine shipped to the permit holder during the preceding calendar 
month if the sale of wine were made at the location where the wine 
was delivered; and
		(2)  the administrative fee required to be paid under 
Section 107.07 or any other provision of this code relating to the 
importation of wine.
	Sec. 55.02.  QUALIFICATION FOR PERMIT.  (a)  A holder of a 
personal wine importation permit must be 21 years of age or older 
and may have wine shipped only to an address in an area in which the 
sale of wine is authorized.  An application for a permit under this 
chapter must include the certification described by Section 11.37 
for the address to which the wine will be shipped.
	(b)  A holder of a personal wine importation permit may not 
hold any other license or permit under this code.
	Sec. 55.03.  FEE; RENEWAL.  The initial fee for a personal 
wine importation permit is $25 annually.  The holder of a personal 
wine importation permit may renew the permit annually by paying a 
$25 renewal fee and providing the commission with proof of 
compliance with Section 55.02.
	Sec. 55.04.  REPORTS.  The holder of a personal wine 
importation permit shall file periodic reports with the commission, 
as required by commission rule, indicating the amount and sale 
prices of wine shipped to the permit holder.
	Sec. 55.05.  RULES.  The commission shall adopt rules 
regarding the manner in which taxes and fees required under Section 
55.01(d) will be computed and collected.
	Sec. 55.06.  ALTERNATIVES TO SUSPENSION OR CANCELLATION.  
Section 11.64 applies to a permit issued under this chapter.
	SECTION 3.  Section 110.051, Alcoholic Beverage Code, is 
amended to read as follows:
	Sec. 110.051.  PROMOTION, MARKETING, AND EDUCATION.  The 
program shall:      
		(1)  organize a network of package stores to 
participate in a program promoting wines produced in this state 
[and to deliver wine to consumers under Section 110.053];
		(2)  develop and maintain a database of wineries in 
this state and package stores that sell wines produced in this state 
that allows the program's staff to identify the winery in this state 
that produces a particular wine;
		(3)  operate a toll-free telephone number to:                                 
			(A)  receive inquiries from persons who wish to 
purchase a particular wine produced in this state;
			(B)  make information about the wineries in this 
state and the package stores participating in the program available 
to the public; and
			(C)  refer a person who wishes to purchase a Texas 
wine to the winery that produces the wine and package stores that 
sell the wine and inform the person of arrangements that the person 
can make under Chapter 55 [Section 110.053] to [pick up the wine at 
a package store or] have the wine delivered to the person's address;
		(4)  use market research to develop a wine industry 
marketing plan to increase the consumption of and access to Texas 
wine;
		(5)  educate the public about wines produced in the 
state by providing publicity about the information in the program's 
database to the public and making the information available to the 
public through the department's toll-free telephone number and 
electronically available through the Internet;
		(6)  promote wineries in this state and package stores 
that participate in the program; and
		(7)  promote and market, and educate consumers about, 
the wines produced in this state using any other method the 
commissioner determines is appropriate.
	SECTION 4.  Sections 107.12, 110.052, 110.053, 110.054, and 
110.055, Alcoholic Beverage Code, are repealed.
	SECTION 5.  This Act applies only to the direct shipment of 
wine on or after the effective date of this Act.  The direct 
shipment of wine before the effective date of this Act is governed 
by the law in effect immediately before that date, and that law is 
continued in effect for that purpose.
	SECTION 6.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.