Texas 2009 - 81st Regular

Texas House Bill HB3850 Compare Versions

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1	1	By: Thompson H.B. No. 3850
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to importation and shipment of alcoholic beverages for
7	7	personal consumption; providing a criminal penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 107.07(a), (e), and (f), Alcoholic
10	10	Beverage Code, are amended to read as follows:
11	11	(a) A person [Texas resident] may import not more than 24
12	12	12-ounce bottles or an equivalent quantity of malt beverages, 3
13	13	gallons of wine, and 1 gallon of distilled spirits [one quart of
14	14	liquor] for the person's [his] own personal use without being
15	15	required to hold a permit. [A Texas resident may import for his own
16	16	personal use not more than three gallons of wine without being
17	17	required to hold a permit. A nonresident of Texas may import not
18	18	more than a gallon of liquor for his own personal use without being
19	19	required to hold a permit.] A person importing alcoholic beverages
20	20	[liquor] into the state under this subsection must pay the state tax
21	21	on alcoholic beverages [liquor] and an administrative fee of $1 [50
22	22	cents] and must affix the required tax stamps. No minor and no
23	23	intoxicated person may import any alcoholic beverages [liquor] into
24	24	the state. A person importing alcoholic beverages [wine or liquor]
25	25	under this subsection must personally accompany the alcoholic
26	26	beverages [wine or liquor] as the alcoholic beverages enter [it
27	27	enters] the state. A person may not avail himself of the exemptions
28	28	set forth in this subsection more than once every thirty days.
29	29	(e) The administrative fees collected under this section
30	30	shall be used by the commission for the administrative costs of
31	31	enforcing the requirements of Subsection [Subsections] (a) [and (b)
32	32	of this section].
33	33	(f) Except as provided by Chapter 54 or another provision of
34	34	this code, any person in the business of selling alcoholic
35	35	beverages in another state or country who ships or causes to be
36	36	shipped any alcoholic beverage directly to any Texas resident under
37	37	this section is in violation of this code.
38	38	SECTION 2. Section 107.11, Alcoholic Beverage Code, is
39	39	amended to read as follows:
40	40	Sec. 107.11. IMPORTATION OF PERSONAL [WINE] COLLECTION.
41	41	(a) A person who is relocating a household may import, or contract
42	42	with a motor carrier or another person to import, a personal beer or
43	43	liquor [wine] collection as a part of that person's household
44	44	goods.
45	45	(b) Section 107.07 [of this code] does not apply to a person
46	46	who is importing a personal beer or liquor [wine] collection under
47	47	Subsection (a) [of this section].
48	48	SECTION 3. Chapter 107, Alcoholic Beverage Code, is amended
49	49	by adding Section 107.13 to read as follows:
50	50	Sec. 107.13. OFFENSE. A person commits an offense if the
51	51	person imports an alcoholic beverage into this state, or causes an
52	52	alcoholic beverage to be imported into this state, in violation of
53	53	this chapter. An offense under this section is a Class C
54	54	misdemeanor.
55	55	SECTION 4. Sections 107.07(b) and (c) and 107.12, Alcoholic
56	56	Beverage Code, are repealed.
57	57	SECTION 5. (a) The change in law made by this Act applies
58	58	only to an offense committed on or after the effective date of this
59	59	Act. For purposes of this section, an offense is committed before
60	60	the effective date of this Act if any element of the offense occurs
61	61	before that date.
62	62	(b) An offense committed before the effective date of this
63	63	Act is covered by the law in effect when the offense was committed,
64	64	and the former law is continued in effect for that purpose.
65	65	SECTION 6. This Act takes effect September 1, 2009.