H.B. No. 1084
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 calendar month or more
than 36 gallons of wine within any 12-month period [30-day 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 calendar month or more
than 36 gallons of wine within any 12-month period [30-day 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1084 was passed by the House on April
8, 2009, by the following vote: Yeas 146, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1084 on May 23, 2009, by the following vote: Yeas 144, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1084 was passed by the Senate, with
amendments, on May 19, 2009, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor