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A BILL TO BE ENTITLED
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AN ACT
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relating to the delivery and direct shipment of certain alcoholic |
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beverages to ultimate consumers; creating criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 14, Alcoholic Beverage Code, is amended |
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by adding Section 14.09 to read as follows: |
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Sec. 14.09. DIRECT SHIPMENT TO CONSUMERS. (a) The holder |
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of a distiller's and rectifier's permit may ship to an ultimate |
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consumer, including an ultimate consumer located in a dry area, |
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distilled spirits sold by the permit holder to the ultimate |
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consumer under Section 14.05. Delivery must be by the holder of a |
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carrier or consumer delivery permit. |
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(b) All distilled spirits shipped to an ultimate consumer by |
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the holder of a distiller's and rectifier's permit must be in a |
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package that is clearly and conspicuously labeled showing that: |
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(1) the package contains distilled spirits; and |
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(2) the package may be delivered only to a person |
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|
described by Subsection (c). |
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(c) Distilled spirits shipped by the holder of a distiller's |
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and rectifier's permit may not be delivered to any person other |
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than: |
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(1) the person who purchased the distilled spirits; |
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(2) a recipient designated in advance by the |
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purchaser; or |
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(3) a person at the delivery address who is 21 years of |
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age or older. |
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(d) Distilled spirits may be delivered only to a person who |
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is 21 years of age or older and only after the person accepting the |
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package: |
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(1) presents valid proof of identity and age; and |
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(2) personally signs a receipt acknowledging delivery |
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of the package. |
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(e) The holder of a distiller's and rectifier's permit may |
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not: |
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(1) sell or ship distilled spirits to a minor; |
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(2) deliver distilled spirits to a consumer using a |
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|
carrier that does not hold a carrier's permit or a consumer delivery |
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permit under this code; or |
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(3) deliver to a consumer in this state more than the |
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amount of distilled spirits allowed to be sold to the consumer under |
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Section 14.05(c). |
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SECTION 2. Section 16.09(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) The holder of a winery permit may ship wine to the |
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ultimate consumer, including ultimate consumers located in dry |
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areas. Delivery must be by the holder of a carrier or consumer |
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delivery permit. |
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SECTION 3. Section 41.01, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 41.01. AUTHORIZED ACTIVITIES. (a) The holder of a |
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carrier permit may transport malt beverages and liquor into and out |
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of this state and between points within the state. |
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(b) The holder may transport malt beverages and liquor from |
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one wet area to another wet area across a dry area if that course of |
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transportation is necessary or convenient. |
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(c) The holder of a carrier permit who transports malt |
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beverages or liquor to the premises of a wholesaler, including to a |
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location from which the wholesaler is temporarily conducting |
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business under Section 109.62, shall provide to the consignee a |
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shipping invoice that clearly states: |
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(1) the name and address of the consignor and |
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consignee; |
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(2) the origin and destination of the shipment; and |
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(3) any other information required by this code or |
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commission rule, including the brands, sizes of containers, types, |
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and quantities of malt beverages and liquor contained in the |
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shipment. |
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SECTION 4. Section 41.04, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 41.04. REQUIRED INFORMATION. The holder of a carrier |
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permit shall furnish information required by the commission |
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concerning the transportation of malt beverages and liquor. |
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SECTION 5. Subtitle A, Title 3, Alcoholic Beverage Code, is |
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amended by adding Chapter 54A to read as follows: |
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CHAPTER 54A. OUT-OF-STATE DISTILLERY DIRECT SHIPPER'S PERMIT |
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Sec. 54A.01. AUTHORIZED ACTIVITIES. The holder of an |
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out-of-state distillery direct shipper's permit may sell and |
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deliver distilled spirits that are produced or bottled by the |
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permittee to an ultimate consumer located in the State of Texas. |
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Delivery must be by the holder of a carrier permit. |
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Sec. 54A.02. PROHIBITED ACTIVITIES. The holder of an |
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out-of-state distillery direct shipper's permit may not: |
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(1) sell or ship distilled spirits to a minor; |
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(2) deliver distilled spirits to a consumer using a |
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|
carrier that does not hold a carrier's permit under this code; |
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(3) deliver distilled spirits within a 30-day period |
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to the same consumer in this state in an amount that exceeds the |
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individual authorization under Section 14.05(c); or |
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(4) sell distilled spirits to ultimate consumers for |
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off-premises consumption in an annual amount that exceeds the |
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annual authorization under Section 14.05(b). |
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Sec. 54A.03. QUALIFICATIONS FOR PERMIT. An out-of-state |
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distillery direct shipper's permit may only be issued to a person |
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who: |
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(1) does not hold a distiller's and rectifier's permit |
|
|
in the State of Texas; |
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(2) operates a distillery located in the United States |
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|
and holds all state and federal permits necessary to operate the |
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|
distillery; |
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(3) holds a Texas sales tax permit; |
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(4) expressly submits to personal jurisdiction in |
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|
Texas state and federal courts and expressly submits to venue in |
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Travis County, Texas, as proper venue for any proceedings that may |
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|
be initiated by or against the commission; and |
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(5) does not directly or indirectly have any financial |
|
|
interest in a Texas wholesaler or retailer as those terms are used |
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in Section 102.01. |
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Sec. 54A.04. IDENTIFICATION REQUIREMENTS. (a) All |
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distilled spirits sold or shipped by the holder of an out-of-state |
|
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distillery direct shipper's permit must be in a package that is |
|
|
clearly and conspicuously labeled showing that: |
|
|
(1) the package contains distilled spirits; and |
|
|
(2) the package may only be delivered to a person |
|
|
described by Subsection (b). |
|
|
(b) Distilled spirits sold or shipped by a holder of an |
|
|
out-of-state distillery direct shipper's permit may not be |
|
|
delivered to any person other than: |
|
|
(1) the person who purchased the distilled spirits; |
|
|
(2) a recipient designated in advance by the |
|
|
purchaser; or |
|
|
(3) a person at the delivery address who is 21 years of |
|
|
age or older. |
|
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(c) Distilled spirits may be delivered only to a person who |
|
|
is 21 years of age or older and only 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. |
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Sec. 54A.05. REPORTS AND RECORDKEEPING. (a) The holder of |
|
|
an out-of-state distillery direct shipper's permit shall maintain |
|
|
records of all sales and deliveries made under the permit. |
|
|
(b) The holder of an out-of-state distillery direct |
|
|
shipper's permit shall maintain complete sales and delivery records |
|
|
for all sales and deliveries made under the permit for at least five |
|
|
years from the date of sale. These records shall be made available |
|
|
on request for inspection by the commission or any other |
|
|
appropriate state agency. |
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(c) The commission shall establish rules requiring the |
|
|
holder of an out-of-state distillery direct shipper's permit to |
|
|
periodically file reports providing the commission with such |
|
|
information as the commission may determine is needed to more |
|
|
efficiently and effectively enforce the state laws applicable to |
|
|
the permit holder. |
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Sec. 54A.06. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales |
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|
made by the holder of an out-of-state distillery direct shipper's |
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|
permit shall be considered to have been made in the State of Texas |
|
|
for delivery in the State of Texas. |
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(b) The holder of an out-of-state distillery direct |
|
|
shipper's permit shall be responsible for paying the following |
|
|
state taxes related to sales and deliveries made under this |
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|
chapter: |
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(1) excise taxes on the distilled spirits sold, |
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|
payable at the same rate and in the same manner as if the permittee |
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were a Texas distiller or rectifier located in Texas; and |
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(2) state sales and use taxes all payable at the same |
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rate and in the same manner as if the permittee were a Texas |
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|
distiller or rectifier located in Texas. |
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(c) An ultimate consumer who purchases distilled spirits |
|
|
from the holder of an out-of-state distillery direct shipper's |
|
|
permit under this chapter shall be considered to be purchasing the |
|
|
distilled spirits from a Texas permittee and shall not be charged |
|
|
the administrative fee for personal imports set forth in Section |
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107.07. |
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Sec. 54A.07. RESALE PROHIBITED. A consumer purchasing |
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|
distilled spirits from the holder of an out-of-state distillery |
|
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direct shipper's permit may not resell the distilled spirits, and |
|
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any such distilled spirit that is resold is an illicit beverage. |
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Sec. 54A.08. DELIVERY AREAS. Distilled spirits shipped |
|
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under this chapter may be delivered to persons located in a dry |
|
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area. |
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Sec. 54A.09. LABEL APPROVAL NOT REQUIRED. If the holder of |
|
|
an out-of-state distillery direct shipper's permit has satisfied |
|
|
all federal label approval requirements for a particular brand of |
|
|
distilled spirits, then no further label approval shall be required |
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|
by the commission. |
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Sec. 54A.10. RULES. The commission shall adopt rules and |
|
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forms necessary to implement this chapter. |
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Sec. 54A.11. PENALTY FOR SHIPPING WITHOUT PERMIT. Any |
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person who does not hold an out-of-state distillery direct |
|
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shipper's permit who sells and ships alcohol from outside of Texas |
|
|
to an ultimate consumer in Texas commits on first offense a Class B |
|
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misdemeanor, on second offense a Class A misdemeanor, and on third |
|
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offense a state jail felony. |
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SECTION 6. Section 57.01, Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
Sec. 57.01. AUTHORIZED ACTIVITIES. (a) The holder of a |
|
|
consumer delivery permit may contract with or employ a driver for |
|
|
the delivery of an alcoholic beverage from the premises of the |
|
|
holder of a retailer's or manufacturer's permit or license |
|
|
described by Subsection (b) to an ultimate consumer located in an |
|
|
area where the sale of the beverage is legal. |
|
|
(b) An alcoholic beverage may be delivered under this |
|
|
section only if the alcoholic beverage is sold or served to the |
|
|
ultimate consumer by the holder of a: |
|
|
(1) package store permit; |
|
|
(2) wine only package store permit; |
|
|
(3) wine and beer retailer's permit; |
|
|
(4) wine and beer retailer's off-premise permit; |
|
|
(5) retail dealer's on-premise license; |
|
|
(6) retail dealer's off-premise license; |
|
|
(7) mixed beverage permit authorized to deliver |
|
|
alcoholic beverages under Section 28.1001; [or] |
|
|
(8) private club permit authorized to deliver |
|
|
alcoholic beverages under Section 32.155; |
|
|
(9) distiller's and rectifier's permit; |
|
|
(10) winery permit; or |
|
|
(11) brewer's license. |
|
|
SECTION 7. Section 57.02(b), Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
(b) The holder of a consumer delivery permit may make |
|
|
deliveries of alcoholic beverages: |
|
|
(1) only in response to bona fide orders placed by the |
|
|
consumer under Section 57.01; and |
|
|
(2) only in areas where the sale of the beverages is |
|
|
legal in: |
|
|
(A) the county in which the premises of the |
|
|
retailer or manufacturer making the sale is located; |
|
|
(B) the city or town in which the premises of the |
|
|
retailer or manufacturer making the sale is located, if the |
|
|
retailer or manufacturer is located in a city or town; or |
|
|
(C) an area not further than two miles beyond the |
|
|
municipal boundary of the city or town in which the premises of the |
|
|
retailer or manufacturer is located, if applicable. |
|
|
SECTION 8. Section 57.04, Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
Sec. 57.04. ELIGIBILITY FOR PERMIT. A consumer delivery |
|
|
permit may be issued to: |
|
|
(1) a person who contracts with or employs individuals |
|
|
for the delivery of retail goods to consumers, other than the holder |
|
|
of a permit or license in the [manufacturing or] wholesale tier of |
|
|
the alcoholic beverage industry; or |
|
|
(2) the holder of a permit or license described by |
|
|
Section 57.01(b). |
|
|
SECTION 9. Section 57.06(c), Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
(c) An alcoholic beverage may be delivered under this |
|
|
chapter outside the hours of operation of the retailer or |
|
|
manufacturer from which the delivery is being made only if the |
|
|
delivery driver: |
|
|
(1) receives the beverage from the retailer or |
|
|
manufacturer during the retailer's or manufacturer's hours of legal |
|
|
sale; and |
|
|
(2) completes the delivery to the consumer in a |
|
|
reasonable amount of time after leaving the retailer's or |
|
|
manufacturer's premises. |
|
|
SECTION 10. Section 57.07, Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
Sec. 57.07. RETAILER AND MANUFACTURER RESPONSIBILITY. (a) |
|
|
A retailer's or manufacturer's responsibilities under this code |
|
|
regarding delivery of an alcoholic beverage to an ultimate consumer |
|
|
are considered satisfied at the time the retailer or manufacturer |
|
|
transfers possession of an alcoholic beverage to the consumer |
|
|
delivery permittee or a delivery driver employed by, contracted |
|
|
with, or acting on behalf of the holder of a consumer delivery |
|
|
permit. |
|
|
(b) An action by a consumer delivery permittee or by a |
|
|
delivery driver is not attributable to the retailer or manufacturer |
|
|
with regard to: |
|
|
(1) providing, selling, or serving alcohol to a minor |
|
|
or to an intoxicated individual; |
|
|
(2) the delivery of alcohol in a dry or otherwise |
|
|
illegal area, unless the retailer or manufacturer has contractually |
|
|
agreed to retain responsibility for ensuring that deliveries are |
|
|
not directed to a dry or otherwise illegal area; or |
|
|
(3) any other provision of this code. |
|
|
(c) A retailer or manufacturer: |
|
|
(1) is not required to verify that the consumer |
|
|
delivery permittee or the delivery driver has received delivery |
|
|
driver training under Section 57.09(a)(1); and |
|
|
(2) may not be held responsible for any reason under |
|
|
statutory or common law for the actions of a consumer delivery |
|
|
permittee or a delivery driver acting on behalf of a consumer |
|
|
delivery permittee. |
|
|
SECTION 11. Chapter 62, Alcoholic Beverage Code, is amended |
|
|
by adding Section 62.123 to read as follows: |
|
|
Sec. 62.123. DIRECT SHIPMENT TO CONSUMERS. (a) The holder |
|
|
of a brewer's license may ship to an ultimate consumer, including an |
|
|
ultimate consumer located in a dry area, malt beverages sold by the |
|
|
license holder to the ultimate consumer under Section 62.122(a)(2). |
|
|
Delivery must be by the holder of a carrier or consumer delivery |
|
|
permit. |
|
|
(b) All malt beverages shipped to an ultimate consumer by |
|
|
the holder of a brewer's license must be in a package that is |
|
|
clearly and conspicuously labeled showing that: |
|
|
(1) the package contains malt beverages; and |
|
|
(2) the package may be delivered only to a person |
|
|
described by Subsection (c). |
|
|
(c) Malt beverages shipped by the holder of a brewer's |
|
|
license may not be delivered to any person other than: |
|
|
(1) the person who purchased the malt beverages; |
|
|
(2) a recipient designated in advance by the |
|
|
purchaser; or |
|
|
(3) a person at the delivery address who is 21 years of |
|
|
age or older. |
|
|
(d) Malt beverages may be delivered only to a person who is |
|
|
21 years of age or older and only 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. |
|
|
(e) The holder of a brewer's license may not: |
|
|
(1) sell or ship malt beverages to a minor; |
|
|
(2) deliver malt beverages to a consumer using a |
|
|
carrier that does not hold a carrier's permit or a consumer delivery |
|
|
permit under this code; or |
|
|
(3) deliver to the same consumer in this state more |
|
|
than 288 fluid ounces of malt beverages per calendar day. |
|
|
SECTION 12. Subtitle B, Title 3, Alcoholic Beverage Code, |
|
|
is amended by adding Chapter 63A to read as follows: |
|
|
CHAPTER 63A. OUT-OF-STATE BREWERY DIRECT SHIPPER'S LICENSE |
|
|
Sec. 63A.01. AUTHORIZED ACTIVITIES. The holder of an |
|
|
out-of-state brewery direct shipper's license may sell and deliver |
|
|
malt beverages that are produced or bottled by the licensee to an |
|
|
ultimate consumer located in the State of Texas. Delivery must be |
|
|
by the holder of a carrier permit. |
|
|
Sec. 63A.02. PROHIBITED ACTIVITIES. The holder of an |
|
|
out-of-state brewery direct shipper's license may not: |
|
|
(1) sell or ship malt beverages to a minor; |
|
|
(2) deliver malt beverages to a consumer using a |
|
|
carrier that does not hold a carrier's permit under this code; |
|
|
(3) deliver malt beverages to the same consumer in the |
|
|
same calendar day in an amount that exceeds the daily authorization |
|
|
under Section 62.122(a-1); or |
|
|
(4) sell malt beverages to ultimate consumers in this |
|
|
state in an annual amount that exceeds the annual authorization |
|
|
under Section 62.122(b). |
|
|
Sec. 63A.03. QUALIFICATIONS FOR LICENSE. An out-of-state |
|
|
brewery direct shipper's license may only be issued to a person who: |
|
|
(1) does not hold a brewer's license in the State of |
|
|
Texas; |
|
|
(2) operates a brewery located in the United States |
|
|
and holds all state and federal permits necessary to operate the |
|
|
brewery; |
|
|
(3) holds a Texas sales tax permit; |
|
|
(4) expressly submits to personal jurisdiction in |
|
|
Texas state and federal courts and expressly submits to venue in |
|
|
Travis County, Texas, as proper venue for any proceedings that may |
|
|
be initiated by or against the commission; and |
|
|
(5) does not directly or indirectly have any financial |
|
|
interest in a Texas wholesaler or retailer as those terms are used |
|
|
in Section 102.01. |
|
|
Sec. 63A.04. IDENTIFICATION REQUIREMENTS. (a) All malt |
|
|
beverages sold or shipped by the holder of an out-of-state brewery |
|
|
direct shipper's license must be in a package that is clearly and |
|
|
conspicuously labeled showing that: |
|
|
(1) the package contains malt beverages; and |
|
|
(2) the package may only be delivered to a person |
|
|
described by Subsection (b). |
|
|
(b) Malt beverages sold or shipped by a holder of an |
|
|
out-of-state brewery direct shipper's license may not be delivered |
|
|
to any person other than: |
|
|
(1) the person who purchased the malt beverages; |
|
|
(2) a recipient designated in advance by the |
|
|
purchaser; or |
|
|
(3) a person at the delivery address who is 21 years of |
|
|
age or older. |
|
|
(c) Malt beverages may be delivered only to a person who is |
|
|
21 years of age or older and only 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. |
|
|
Sec. 63A.05. REPORTS AND RECORDKEEPING. (a) The holder of |
|
|
an out-of-state brewery direct shipper's license shall maintain |
|
|
records of all sales and deliveries made under the license. |
|
|
(b) The holder of an out-of-state brewery direct shipper's |
|
|
license shall maintain complete sales and delivery records for all |
|
|
sales and deliveries made under the license for at least five years |
|
|
from the date of sale. These records shall be made available on |
|
|
request for inspection by the commission or any other appropriate |
|
|
state agency. |
|
|
(c) The commission shall establish rules requiring the |
|
|
holder of an out-of-state brewery direct shipper's license to |
|
|
periodically file reports providing the commission with such |
|
|
information as the commission may determine is needed to more |
|
|
efficiently and effectively enforce the state laws applicable to |
|
|
the license holder. |
|
|
Sec. 63A.06. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales |
|
|
made by the holder of an out-of-state brewery direct shipper's |
|
|
license shall be considered to have been made in the State of Texas |
|
|
for delivery in the State of Texas. |
|
|
(b) The holder of an out-of-state brewery direct shipper's |
|
|
license shall be responsible for paying the following state taxes |
|
|
related to sales and deliveries made under this chapter: |
|
|
(1) excise taxes on the malt beverages sold, payable |
|
|
at the same rate and in the same manner as if the licensee were a |
|
|
Texas brewer located in Texas; and |
|
|
(2) state sales and use taxes all payable at the same |
|
|
rate and in the same manner as if the licensee were a Texas brewer |
|
|
located in Texas. |
|
|
(c) An ultimate consumer who purchases malt beverages from |
|
|
the holder of an out-of-state brewery direct shipper's license |
|
|
under this chapter shall be considered to be purchasing the malt |
|
|
beverages from a Texas licensee and shall not be charged the |
|
|
administrative fee for personal imports set forth in Section |
|
|
107.07. |
|
|
Sec. 63A.07. RESALE PROHIBITED. A consumer purchasing malt |
|
|
beverages from the holder of an out-of-state brewery direct |
|
|
shipper's license may not resell the malt beverages, and any such |
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|
malt beverage that is resold is an illicit beverage. |
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|
Sec. 63A.08. DELIVERY AREAS. Malt beverages shipped under |
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|
this chapter may be delivered to persons located in a dry area. |
|
|
Sec. 63A.09. LABEL APPROVAL NOT REQUIRED. If the holder of |
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|
an out-of-state brewery direct shipper's license has satisfied all |
|
|
federal label approval requirements for a particular brand of malt |
|
|
beverages, then no further label approval shall be required by the |
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|
commission. |
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|
Sec. 63A.10. RULES. The commission shall adopt rules and |
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|
forms necessary to implement this chapter. |
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|
Sec. 63A.11. PENALTY FOR SHIPPING WITHOUT LICENSE. Any |
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|
person who does not hold an out-of-state brewery direct shipper's |
|
|
license who sells and ships alcohol from outside of Texas to an |
|
|
ultimate consumer in Texas commits on first offense a Class B |
|
|
misdemeanor, on second offense a Class A misdemeanor, and on third |
|
|
offense a state jail felony. |
|
|
SECTION 13. Chapter 74, Alcoholic Beverage Code, is amended |
|
|
by adding Section 74.12 to read as follows: |
|
|
Sec. 74.12. DIRECT SHIPMENT TO CONSUMERS. (a) The holder |
|
|
of a brewpub license may ship to an ultimate consumer, including an |
|
|
ultimate consumer located in a dry area, malt beverages sold by the |
|
|
license holder to the ultimate consumer under Section 74.01(a)(2). |
|
|
Delivery must be by the holder of a carrier or consumer delivery |
|
|
permit. |
|
|
(b) All malt beverages shipped to an ultimate consumer by |
|
|
the holder of a brewpub license must be in a package that is clearly |
|
|
and conspicuously labeled showing that: |
|
|
(1) the package contains malt beverages; and |
|
|
(2) the package may be delivered only to a person |
|
|
described by Subsection (c). |
|
|
(c) Malt beverages shipped by the holder of a brewpub |
|
|
license may not be delivered to any person other than: |
|
|
(1) the person who purchased the malt beverages; |
|
|
(2) a recipient designated in advance by the |
|
|
purchaser; or |
|
|
(3) a person at the delivery address who is 21 years of |
|
|
age or older. |
|
|
(d) Malt beverages may be delivered only to a person who is |
|
|
21 years of age or older and only 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. |
|
|
(e) The holder of a brewpub license may not: |
|
|
(1) sell or ship malt beverages to a minor; or |
|
|
(2) deliver malt beverages to a consumer using a |
|
|
carrier that does not hold a carrier's permit or a consumer delivery |
|
|
permit under this code. |
|
|
SECTION 14. Section 107.05(b), Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
(b) This section does not apply to the transportation of |
|
|
liquor into the state as authorized by Chapter 54A or Section 107.07 |
|
|
[of this code]. |
|
|
SECTION 15. Section 14.05(d), Alcoholic Beverage Code, is |
|
|
repealed. |
|
|
SECTION 16. This Act takes effect September 1, 2023. |