BILL ANALYSIS

H.B. 3850

By: Thompson

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current law limits the amount of alcoholic beverages that can be imported for personal use for Texas residents and non-residents. Texas residents are allowed to import for personal use 24 12-ounce bottles or an equivalent quantity of malt beverages, three gallons of wine, and one gallon of distilled spirits while non-residents may import for personal use one gallon of wine or distilled spirits combined and 24 12-ounce containers of beer.

In addition, current law only allows for a personal wine collection.  The Texas Alcoholic Beverage Commission routinely receives inquires from individuals working overseas, many related to the Iraq war, who are moving back to Texas and have collected various types of beer or distilled spirits while overseas but are not allowed to bring their personal collection of beer or distilled spirits back home to Texas.

H.B. 3850 establishes uniform requirements for the importation of alcoholic beverages for personal use, rather than having different requirements for Texas residents and non-residents. The bill makes the provision relating to the import of beer applicable to malt beverages, increases the administrative fee for the importation of alcoholic beverages for personal use, establishes a penalty for illegal importation of alcoholic beverages, and authorizes a person who is relocating a household to import a personal beer or liquor collection as a part of that person's household goods.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3850 amends Alcoholic Beverage Code provisions authorizing the import of a certain quantity of alcoholic beverages for personal use without holding an alcoholic beverage permit or license to make such provisions applicable to any person, rather than establishing different requirements for a Texas resident and a nonresident of Texas, and to apply certain provisions to alcoholic beverages generally, rather than to wine or liquor. The bill authorizes a person to import not more than 24 12-ounce bottles or an equivalent quantity of malt beverages without a license, rather than that quantity of beer within any one 30-day period, and to import not more than one gallon of distilled spirits for personal use without a permit, rather than not more than one quart of liquor for a resident and a gallon of liquor for a nonresident of Texas. The bill increases from 50 cents to $1 the administrative fee for the importation of alcoholic beverages for personal use. The bill makes technical corrections and conforming changes.

H.B. 3850 authorizes a person who is relocating a household to import, or contract with a motor carrier or another person to import, a personal beer or liquor collection, rather than a personal wine collection, as a part of that person's household goods, and specifies that provisions relating to the importation of beer or liquor for personal use do not apply to a person who is importing a personal beer or liquor collection in a relocation. The bill makes it a Class C misdemeanor to import an alcoholic beverage into Texas, or cause an alcoholic beverage to be imported into Texas, in violation of provisions relating to the transportation and importation of alcoholic beverages. The bill repeals a provision authorizing a person who purchases wine while at a winery located in Texas to ship the wine or cause the wine to be shipped to the person's residence if the winery verifies that the person is 21 years of age or older.  

H.B. 3850 repeals the following Sections of the Alcoholic Beverage Code:

· Section 107.07(b) and (c)

· Section 107.12

EFFECTIVE DATE

September 1, 2009.