By: Truitt (Senate Sponsor - Gallegos) H.B. No. 1084
(In the Senate - Received from the House April 8, 2009;
April 27, 2009, read first time and referred to Committee on
Business and Commerce; May 14, 2009, reported favorably by the
following vote: Yeas 8, Nays 0; May 14, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to shipment of wine to ultimate consumers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.09(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) The holder of a winery permit may not:
(1) sell or ship wine to a minor;
(2) deliver wine to a consumer using a carrier that
does not hold a carrier's permit under this code; or
(3) deliver to the same consumer in this state more
than nine [three] gallons of wine within any 30-day period or more
than 36 gallons of wine within any 12-month period [to the same
consumer in this state].
SECTION 2. Section 54.02, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 54.02. PROHIBITED ACTIVITIES. The holder of an
out-of-state winery direct shipper's permit may not:
(1) sell or ship wine to a minor;
(2) deliver wine to a consumer using a carrier that
does not hold a carrier's permit under this code;
(3) deliver to the same consumer in this state more
than nine [three] gallons of wine within any 30-day period or more
than 36 gallons of wine within any 12-month period [to the same
consumer in this state]; or
(4) sell to ultimate consumers more than 35,000
gallons of wine annually.
SECTION 3. This Act takes effect September 1, 2009.
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