Honorable Kino Flores, Chair, House Committee on Licensing & Administrative Procedures
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
SB877 by Madla (Relating to the direct shipment of wine to consumers; providing a criminal penalty.), As Engrossed
The provision of the bill that is the subject of this analysis would amend the Alcoholic Beverage Code by making it a criminal offense for any person to sell and ship wine from outside of Texas to a Texas consumer without an out-of-state winery direct shipper’s permit. Violation of the offense would be punishable as a Class B misdemeanor on the first offense, a Class A misdemeanor on the second offense, and a state jail felony on the third offense.
A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days, a fine not to exceed $2,000, or both fine and confinement.
A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year, a fine not to exceed $4,000, or both fine and imprisonment.
A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or in addition to confinement, a fine not to exceed $10,000.
The impact of the bill would depend on the number of persons caught and convicted of the offense; however, in the case of this bill, the increased workload and demand for resources would probably not be substantial.