78R4849 AKH-F
By: Mowery H.B. No. 768
A BILL TO BE ENTITLED
AN ACT
relating to importation of wine into the state by direct shipment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 107.07(f), Alcoholic Beverage Code, is
amended to read as follows:
(f) Except as provided by Section 107.13, a [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. Chapter 107, Alcoholic Beverage Code, is amended
by adding Section 107.13 to read as follows:
Sec. 107.13. DIRECT SHIPMENT OF WINE. (a) Notwithstanding
Section 107.07, a purchaser may have wine shipped directly to the
purchaser for the purchaser's personal use from a person holding a
valid direct wine shipper's permit or a winery permit.
(b) A purchaser of wine shipped under Subsection (a) may
purchase the wine in person or by any other method.
(c) A purchaser may not have more than three gallons of wine
shipped under this section in any 30-day period.
(d) A purchaser may only have wine shipped from a person who
ships the wine in this state using a carrier that holds a carrier's
permit under this code.
(e) A purchaser may not have wine shipped into a dry area.
(f) A minor may not have alcoholic beverages shipped under
this section.
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 any package store that
sells the wine and inform the person of arrangements that the person
can make under Section 107.13 [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. Section 16.01(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The holder of a winery permit may:
(1) manufacture, bottle, label, and package wine
containing not more than 24 percent alcohol by volume;
(2) manufacture and import grape brandy for fortifying
purposes only and to be used only on his licensed premises;
(3) sell wine in this state to holders of wholesaler's
permits, winery permits, and wine bottler's permits;
(4) sell wine to ultimate consumers in unbroken
packages for off-premises consumption in an amount not to exceed
25,000 gallons annually;
(5) sell the wine outside this state to qualified
persons;
(6) blend wines; [and]
(7) dispense free wine for consumption on the winery
premises; and
(8) ship wine to ultimate consumers in unbroken
packages in accordance with Section 107.13.
SECTION 5. Subtitle A, Title 3, Alcoholic Beverage Code, is
amended by adding Chapter 54 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 from the holder's state
or country directly to a resident of this state 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 within 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; or
(4) ship wine into a dry area.
(c) The holder of a direct wine shipper's permit shall
ensure that each shipment of wine to this state is conspicuously
labeled with the words "signature of person age 21 or older required
for delivery."
(d) The holder of a direct wine shipper's permit shall pay
annually:
(1) all taxes that would be due on the wine shipped if
the sale were made in the location where the alcoholic beverage 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. 54.02. QUALIFICATION FOR PERMIT. To hold a direct
wine shipper's permit, a person must hold a license or permit that
authorizes the person to sell wine directly to a consumer in the
state or country from which the wine is shipped.
Sec. 54.03. FEE. The initial fee for a direct wine
shipper's permit is $100. The holder of a direct wine shipper's
permit may renew the permit annually by paying a $25 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, not later than January 15 of each year, file a report
with the commission showing the amounts and the sale prices of wine
shipped into the state during the previous calendar year and any
other information that the commission by rule requires.
Sec. 54.05. RULES. The commission shall adopt rules
regarding:
(1) the manner in which taxes and fees required under
Section 54.01(d) will be computed and collected;
(2) records that the holder of a direct wine shipper's
permit shall maintain; and
(3) the audit of records maintained by the holder of a
direct wine shipper's permit.
Sec. 54.06. ALTERNATIVES TO SUSPENSION OR
CANCELLATION. Section 11.64 applies to a permit issued under this
chapter.
SECTION 6. Sections 107.12, 110.052, 110.053, 110.054, and
110.055, Alcoholic Beverage Code, are repealed.
SECTION 7. This Act takes effect September 1, 2003.