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A BILL TO BE ENTITLED
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AN ACT
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relating to importation and shipment of alcoholic beverages for |
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personal consumption; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 107.07(a), (e), and (f), Alcoholic |
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Beverage Code, are amended to read as follows: |
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(a) A person [Texas resident] may import not more than 24 |
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12-ounce bottles or an equivalent quantity of malt beverages, 3 |
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gallons of wine, and 1 gallon of distilled spirits [one quart of
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liquor] for the person's [his] own personal use without being |
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required to hold a permit. [A Texas resident may import for his own
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personal use not more than three gallons of wine without being
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required to hold a permit. A nonresident of Texas may import not
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more than a gallon of liquor for his own personal use without being
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required to hold a permit.] A person importing alcoholic beverages |
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[liquor] into the state under this subsection must pay the state tax |
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on alcoholic beverages [liquor] and an administrative fee of $1 [50
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cents] and must affix the required tax stamps. No minor and no |
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intoxicated person may import any alcoholic beverages [liquor] into |
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the state. A person importing alcoholic beverages [wine or liquor] |
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under this subsection must personally accompany the alcoholic |
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beverages [wine or liquor] as the alcoholic beverages [it] enters |
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the state. A person may not avail himself of the exemptions set |
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forth in this subsection more than once every thirty days. |
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(e) The administrative fees collected under this section |
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shall be used by the commission for the administrative costs of |
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enforcing the requirements of Subsection [Subsections] (a) [and (b)
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of this section]. |
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(f) Except as provided by Chapter 54 or another provision of |
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this code, any person in the business of selling alcoholic |
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beverages in another state or country who ships or causes to be |
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shipped any alcoholic beverage directly to any Texas resident under |
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this section is in violation of this code. |
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SECTION 2. Section 107.11, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 107.11. IMPORTATION OF PERSONAL [WINE] COLLECTION. |
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(a) A person who is relocating a household may import, or contract |
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with a motor carrier or another person to import, a personal beer or |
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liquor [wine] collection as a part of that person's household |
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goods. |
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(b) Section 107.07 [of this code] does not apply to a person |
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who is importing a personal beer or liquor [wine] collection under |
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Subsection (a) [of this section]. |
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SECTION 3. Chapter 107, Alcoholic Beverage Code, is amended |
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by adding Section 107.13 to read as follows: |
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Sec. 107.13. OFFENSE. A person commits an offense if the |
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person imports an alcoholic beverage into this state, or causes an |
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alcoholic beverage to be imported into this state, in violation of |
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this chapter. An offense under this section is a Class C |
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misdemeanor. |
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SECTION 4. Sections 107.07(b) and (c) and 107.12, Alcoholic |
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Beverage Code, are repealed. |
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SECTION 5. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For purposes of this section, an offense is committed before |
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the effective date of this Act if any element of the offense occurs |
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before that date. |
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(b) An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2009. |