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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 malt beverages to |
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ultimate consumers; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 2. 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 3. Section 57.01, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 57.01. AUTHORIZED ACTIVITIES. (a) The holder of a |
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consumer delivery permit may contract with or employ a driver for |
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the delivery of an alcoholic beverage from the premises of the |
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holder of a retailer's or manufacturer's permit or license |
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described by Subsection (b) to an ultimate consumer located in an |
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area where the sale of the beverage is legal. |
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(b) An alcoholic beverage may be delivered under this |
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section only if the alcoholic beverage is sold or served to the |
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ultimate consumer by the holder of a: |
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(1) package store permit; |
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(2) wine only package store permit; |
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(3) wine and beer retailer's permit; |
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(4) wine and beer retailer's off-premise permit; |
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(5) retail dealer's on-premise license; |
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(6) retail dealer's off-premise license; |
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(7) mixed beverage permit authorized to deliver |
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alcoholic beverages under Section 28.1001; [or] |
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(8) private club permit authorized to deliver |
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alcoholic beverages under Section 32.155; or |
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(9) brewer's license. |
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SECTION 4. Section 57.02(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) The holder of a consumer delivery permit may make |
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deliveries of alcoholic beverages: |
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(1) only in response to bona fide orders placed by the |
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consumer under Section 57.01; and |
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(2) only in areas where the sale of the beverages is |
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legal in: |
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(A) the county in which the premises of the |
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retailer or manufacturer making the sale is located; |
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(B) the city or town in which the premises of the |
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retailer or manufacturer making the sale is located, if the |
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retailer or manufacturer is located in a city or town; or |
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(C) an area not further than two miles beyond the |
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municipal boundary of the city or town in which the premises of the |
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retailer or manufacturer is located, if applicable. |
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SECTION 5. Section 57.06(c), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(c) An alcoholic beverage may be delivered under this |
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chapter outside the hours of operation of the retailer or |
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manufacturer from which the delivery is being made only if the |
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delivery driver: |
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(1) receives the beverage from the retailer or |
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manufacturer during the retailer's or manufacturer's hours of legal |
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sale; and |
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(2) completes the delivery to the consumer in a |
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reasonable amount of time after leaving the retailer's or |
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manufacturer's premises. |
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SECTION 6. Section 57.07, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 57.07. RETAILER AND MANUFACTURER RESPONSIBILITY. (a) |
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A retailer's or manufacturer's responsibilities under this code |
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regarding delivery of an alcoholic beverage to an ultimate consumer |
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are considered satisfied at the time the retailer or manufacturer |
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transfers possession of an alcoholic beverage to the consumer |
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delivery permittee or a delivery driver employed by, contracted |
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with, or acting on behalf of the holder of a consumer delivery |
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permit. |
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(b) An action by a consumer delivery permittee or by a |
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delivery driver is not attributable to the retailer or manufacturer |
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with regard to: |
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(1) providing, selling, or serving alcohol to a minor |
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or to an intoxicated individual; |
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(2) the delivery of alcohol in a dry or otherwise |
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illegal area, unless the retailer or manufacturer has contractually |
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agreed to retain responsibility for ensuring that deliveries are |
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not directed to a dry or otherwise illegal area; or |
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(3) any other provision of this code. |
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(c) A retailer or manufacturer: |
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(1) is not required to verify that the consumer |
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delivery permittee or the delivery driver has received delivery |
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driver training under Section 57.09(a)(1); and |
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(2) may not be held responsible for any reason under |
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statutory or common law for the actions of a consumer delivery |
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permittee or a delivery driver acting on behalf of a consumer |
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delivery permittee. |
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SECTION 7. Chapter 62, Alcoholic Beverage Code, is amended |
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by adding Section 62.123 to read as follows: |
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Sec. 62.123. DIRECT SHIPMENT TO CONSUMERS. (a) The holder |
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of a brewer's license may ship to an ultimate consumer, including an |
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ultimate consumer located in a dry area, malt beverages sold by the |
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license holder to the ultimate consumer under Section 62.122(a)(2). |
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Delivery must be by the holder of a carrier or consumer delivery |
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permit. |
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(b) All malt beverages shipped to an ultimate consumer by |
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the holder of a brewer's license must be in a package that is |
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clearly and conspicuously labeled showing that: |
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(1) the package contains malt beverages; 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) Malt beverages shipped by the holder of a brewer's |
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license may not be delivered to any person other than: |
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(1) the person who purchased the malt beverages; |
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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) Malt beverages may be delivered only to a person who is |
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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 brewer's license may not: |
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(1) sell or ship malt beverages to a minor; |
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(2) deliver malt beverages to a consumer using a |
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carrier that does not hold a carrier permit or a consumer delivery |
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permit under this code; or |
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(3) deliver to the same consumer in this state more |
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than 288 fluid ounces of malt beverages per calendar day. |
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SECTION 8. Subtitle B, Title 3, Alcoholic Beverage Code, is |
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amended by adding Chapter 63A to read as follows: |
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CHAPTER 63A. OUT-OF-STATE BREWERY DIRECT SHIPPER'S LICENSE |
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Sec. 63A.01. AUTHORIZED ACTIVITIES. The holder of an |
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out-of-state brewery direct shipper's license may sell and deliver |
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malt beverages that are produced or bottled by the licensee to an |
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ultimate consumer located in the State of Texas. Delivery must be |
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by the holder of a carrier permit. |
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Sec. 63A.02. PROHIBITED ACTIVITIES. The holder of an |
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out-of-state brewery direct shipper's license may not: |
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(1) sell or ship malt beverages to a minor; |
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(2) deliver malt beverages to a consumer using a |
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carrier that does not hold a carrier permit under this code; |
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(3) deliver malt beverages to the same consumer on the |
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same calendar day in an amount that exceeds the daily authorization |
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under Section 62.122(a-1); or |
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(4) sell malt beverages to ultimate consumers in this |
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state in an annual amount that exceeds the annual authorization |
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under Section 62.122(b). |
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Sec. 63A.03. QUALIFICATIONS FOR LICENSE. An out-of-state |
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brewery direct shipper's license may only be issued to a person who: |
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(1) does not hold a brewer's license in the State of |
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Texas; |
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(2) operates a brewery located in the United States |
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and holds all state and federal permits necessary to operate the |
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brewery; |
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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 |
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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. 63A.04. IDENTIFICATION REQUIREMENTS. (a) All malt |
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beverages sold or shipped by the holder of an out-of-state brewery |
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direct shipper's license must be in a package that is clearly and |
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conspicuously labeled showing that: |
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(1) the package contains malt beverages; and |
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(2) the package may only be delivered to a person |
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described by Subsection (b). |
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(b) Malt beverages sold or shipped by a holder of an |
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out-of-state brewery direct shipper's license may not be delivered |
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to any person other than: |
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(1) the person who purchased the malt beverages; |
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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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(c) Malt beverages may be delivered only to a person who is |
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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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Sec. 63A.05. REPORTS AND RECORDKEEPING. (a) The holder of |
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an out-of-state brewery direct shipper's license shall maintain |
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records of all sales and deliveries made under the license. |
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(b) The holder of an out-of-state brewery direct shipper's |
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license shall maintain complete sales and delivery records for all |
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sales and deliveries made under the license for at least five years |
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from the date of sale. These records shall be made available on |
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request for inspection by the commission or any other appropriate |
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state agency. |
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(c) The commission shall establish rules requiring the |
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holder of an out-of-state brewery direct shipper's license to |
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periodically file reports providing the commission with such |
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information as the commission may determine is needed to more |
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efficiently and effectively enforce the state laws applicable to |
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the license holder. |
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Sec. 63A.06. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales |
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made by the holder of an out-of-state brewery direct shipper's |
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license shall be considered to have been made in the State of Texas |
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for delivery in the State of Texas. |
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(b) The holder of an out-of-state brewery direct shipper's |
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license shall be responsible for paying the following state taxes |
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related to sales and deliveries made under this chapter: |
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(1) excise taxes on the malt beverages sold, payable |
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at the same rate and in the same manner as if the licensee were a |
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Texas brewer 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 licensee were a Texas brewer |
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located in Texas. |
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(c) An ultimate consumer who purchases malt beverages from |
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the holder of an out-of-state brewery direct shipper's license |
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under this chapter shall be considered to be purchasing the malt |
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beverages from a Texas licensee and shall not be charged the |
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administrative fee for personal imports set forth in Section |
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107.07. |
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Sec. 63A.07. RESALE PROHIBITED. A consumer purchasing malt |
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beverages from the holder of an out-of-state brewery direct |
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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 as defined by |
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Section 1.04. |
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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. |
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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 |
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federal label approval requirements for a particular brand of malt |
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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 |
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license who sells and ships alcohol from outside of Texas to an |
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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 9. Chapter 74, Alcoholic Beverage Code, is amended |
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by adding Section 74.12 to read as follows: |
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Sec. 74.12. DIRECT SHIPMENT TO CONSUMERS. (a) The holder |
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of a brewpub license may ship to an ultimate consumer, including an |
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ultimate consumer located in a dry area, malt beverages sold by the |
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license holder to the ultimate consumer under Section 74.01(a)(2). |
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Delivery must be by the holder of a carrier or consumer delivery |
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permit. |
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(b) All malt beverages shipped to an ultimate consumer by |
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the holder of a brewpub license must be in a package that is clearly |
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and conspicuously labeled showing that: |
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(1) the package contains malt beverages; 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) Malt beverages shipped by the holder of a brewpub |
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license may not be delivered to any person other than: |
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(1) the person who purchased the malt beverages; |
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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) Malt beverages may be delivered only to a person who is |
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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 brewpub license may not: |
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(1) sell or ship malt beverages to a minor; or |
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(2) deliver malt beverages to a consumer using a |
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carrier that does not hold a carrier permit or a consumer delivery |
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permit under this code. |
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SECTION 10. Section 107.04, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 107.04. DELIVERY OF MALT BEVERAGES IN DRY AREA. (a) |
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Except as provided by Subsection (b), a [A] common carrier may not |
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deliver malt beverages in a dry area unless the malt beverages are |
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consigned to a general distributor's licensee who has previously |
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stated that the licensee intends to transport the malt beverages to |
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a licensed place of business in a wet area. A common carrier who |
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transports malt beverages to a distributor in a dry area shall |
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comply strictly with this section and Section 107.02. |
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(b) A common carrier may deliver malt beverages to an |
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ultimate consumer located in a dry area as authorized by Section |
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62.123, 63A.08, or 74.12. |
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SECTION 11. Section 107.06(c), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(c) This section does not apply to: |
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(1) the importation or transportation of military malt |
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beverages consigned to a military installation; or |
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(2) [to] the importation of malt beverages as |
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authorized under Chapter 63A or Section 107.07. |
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SECTION 12. Section 107.07(f), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(f) Except as provided by Chapter 54 or 63A, any person in |
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the business of selling alcoholic beverages in another state or |
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country who ships or causes to be shipped any alcoholic beverage |
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directly to any Texas resident under this section is in violation of |
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this code. |
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SECTION 13. Section 74.01(f), Alcoholic Beverage Code, is |
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repealed. |
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SECTION 14. This Act takes effect September 1, 2025. |