By: Kacal H.B. No. 4242
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authorization of certain carriers to transport
  liquor; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 41, Alcoholic Beverage Code, is amended
  to read as follows:
  Chapter 41. CARRIER PERMIT/PACKAGE STORE CARRIER PERMIT
         Sec. 41.01.  AUTHORIZED ACTIVITIES OF A CARRIER PERMIT. (a)
  The holder of a carrier permit may only transport liquor into and
  out of this state and between points within the state.
         (b)  The holder of a carrier permit may transport liquor from
  one wet area to another wet area across a dry area if that course of
  transportation is necessary or convenient.
         (c)  The holder of a carrier permit who transports liquor to
  the premises of a wholesaler, including to a location from which the
  wholesaler is temporarily conducting business under Section
  109.62, shall provide to the consignee a shipping invoice that
  clearly states:
               (1)  the name and address of the consignor and
  consignee;
               (2)  the origin and destination of the shipment; and
               (3)  any other information required by this code or
  commission rule, including the brands, sizes of containers, types,
  and quantities of liquor contained in the shipment.
         Sec. 41.02.  FEE. The annual state fee for a carrier permit
  or package store carrier permit is $30.
         Sec. 41.03.  ELIGIBILITY FOR A CARRIER PERMIT/PACKAGE STORE
  CARRIER PERMIT. (a) A carrier permit may be issued to:
               (1)  a water carrier;
               (2)  an airline;
               (3)  a railway;
               (4)  a motor carrier registered under Chapter 643,
  Transportation Code; [or]
               (5)  a [common carrier operating under a certificate
  issued by the Interstate Commerce Commission.] motor carrier with
  operating authority or MC registration granted by the Federal Motor
  Carrier Safety Administration; or
               (6)  a transport company operating vehicles with a
  gross curb weight of 8,500 pounds or more.
         (b)  a package store carrier permit may be issued to a
  transport company operating vehicles with a gross curb weight of
  8,500 pounds or less.
         Sec. 41.04.  REQUIRED INFORMATION. The holder of a carrier
  permit or package store carrier permit shall furnish all
  information required by the commission concerning the provisions
  of
  this section [transportation of liquor].
         Sec. 41.05.  TRANSPORTATION OF WINE OUT OF STATE. At the
  request of a holder of a winery permit, a common carrier that does
  not hold a carrier permit may transport wine from the premises of
  the holder of the winery permit or from another location where the
  holder of a winery permit may legally store wine to a destination
  out of this state, if the common carrier may otherwise legally
  transport wine and the holder of the winery permit furnishes to the
  commission any documentation required by the commission concerning
  the transportation and the receipt of the wine at the destination
  out of this state.
         Sec. 41.06.  PACKAGE STORE CARRIER PERMIT. (a) The holder
  of a package store carrier permit is considered a "retailer" for
  purposes of Section 102.01 of this code.
         (b)  A package store carrier permittee may not knowingly
  utilize or employ any person under the age of 21 to make deliveries
  of alcohol.
         (c)  The holder of a package store carrier permit who
  provides transportation and delivery services to more than one
  holder of a permit under Chapter 22 or Chapter 24 of this code must
  also provide similar transportation and delivery services to
  businesses that do not have permits under Chapter 22 or Chapter 24.
         Sec. 41.07.  AUTHORIZED ACTIVITIES OF A PACKAGE STORE
  CARRIER PERMIT. The holder of a package store carrier permit may
  transport and deliver liquor to the ultimate consumer on behalf of a
  package store or wine only package store that holds a local cartage
  permit under the same terms and conditions in Section 22.03 of this
  code that are applicable to transport or delivery by the holder of
  the package store permit or wine only package store permit.
         Sec. 41.08.  VEHICLES USED BY PACKAGE STORE CARRIER
  PERMITTEE. (a) No package store carrier permittee may transport
  liquor unless each vehicle has been plainly marked or lettered to
  indicate that it is being used for the transportation of liquor by a
  the package store carrier permittee.
         (b)  The transportation of liquor by a package store carrier
  permittee in a vehicle not described and marked in accordance with
  this section is a violation of this code and is grounds for
  cancellation of the permit.
         Sec. 41.09.  IDENTIFICATION REQUIREMENTS. (a) Alcohol
  transported and delivered by a holder of a package store carrier
  permit may not be delivered to any person other than:
               (1)  the person who purchased the alcohol;
               (2)  a recipient designated in advance by such
  purchaser; or
               (3)  a person at the delivery address who is age 21 or
  over.
         (b)  Alcohol may be delivered only to a person who is age 21
  or over after the person accepting the package:
               (1)  presents valid proof of identity and age; and
               (2)  personally signs a receipt acknowledging delivery
  of the package.
         SECTION 2.  This Act takes effect September 1, 2017.