79R3974 MCK-D

By:  Madla                                                        S.B. No. 877



A BILL TO BE ENTITLED

AN ACT

relating to the transportation and delivery of wine in this state.            
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 41.01, Alcoholic Beverage Code, is 
amended by adding Subsection (c) to read as follows:
	(c)  Notwithstanding any other provision of this code, the  
holder may transport wine anywhere in this state if the wine is 
purchased by a person for the person's own consumption from a place 
where its sale is legal and delivered to a place where its 
possession is legal.
	SECTION 2.  Section 107.03, Alcoholic Beverage Code, is 
amended to read as follows:
	Sec. 107.03.  DELIVERY OF LIQUOR IN DRY AREA.  No carrier may 
transport and deliver liquor to a person in a dry area in this state 
except for a purpose authorized by this code.  A carrier may 
transport and deliver wine for personal consumption to a consumer 
in any location in the state.
	SECTION 3.  Section 107.12, Alcoholic Beverage Code, is 
amended to read as follows:
	Sec. 107.12.  DIRECT SHIPMENT OF WINE.  Notwithstanding 
Section 107.07, a person who purchases wine from [while at] a winery 
located in this state may ship or cause to be shipped the wine to the 
person's residence if the winery verifies that the person 
purchasing the wine is 21 years of age or older.  The person must be 
present when the wine is delivered to the person's residence.
	SECTION 4.  Section 110.053(a), Alcoholic Beverage Code, is 
amended to read as follows:
	(a)  A person who purchases wine from a winery in this state 
may ship the wine to a package store that participates in the 
program.  On receipt of the wine, the package store shall notify the 
purchaser that the wine is available to be picked up by the 
purchaser at the package store or shipped to the purchaser by the 
package store [in accordance with:
		[(1)  Section 107.12, if the person is physically 
present at the winery; or
		[(2)  this section, if the person is not physically 
present at the winery].
	SECTION 5.  Section 110.054, Alcoholic Beverage Code, is 
amended to read as follows:
	Sec. 110.054.  DELIVERY OF WINE IN A DRY AREA.  A winery in 
this state or a package store that participates in the program may 
ship wine under Section 107.12 or 110.053, as applicable, to a 
person who resides in a dry area if:
		(1)  the delivery is made by the holder of a carrier 
permit; and            
		(2)  the package is clearly labeled as requiring the 
signature of a person 21 years of age or older for delivery.
	SECTION 6.  Section 110.053(b), Alcoholic Beverage Code, is 
repealed.        
	SECTION 7.  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, 2005.