| 1 | 1 | | By: Gutierrez (Senate Sponsor - Lucio) H.B. No. 1936 |
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| 2 | 2 | | (In the Senate - Received from the House April 27, 2011; |
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| 3 | 3 | | April 28, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Business and Commerce; May 3, 2011, reported favorably by the |
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| 5 | 5 | | following vote: Yeas 6, Nays 2; May 3, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to importation and shipment of alcoholic beverages for |
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| 11 | 11 | | personal consumption. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Sections 107.07(a) and (e), Alcoholic Beverage |
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| 14 | 14 | | Code, are amended to read as follows: |
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| 15 | 15 | | (a) A person [Texas resident] may import not more than 24 |
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| 16 | 16 | | 12-ounce bottles or an equivalent quantity of malt beverages, 3 |
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| 17 | 17 | | gallons of wine, and 1 gallon of distilled spirits [one quart of |
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| 18 | 18 | | liquor] for the person's [his] own personal use without being |
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| 19 | 19 | | required to hold a permit. [A Texas resident may import for his own |
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| 20 | 20 | | personal use not more than three gallons of wine without being |
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| 21 | 21 | | required to hold a permit. A nonresident of Texas may import not |
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| 22 | 22 | | more than a gallon of liquor for his own personal use without being |
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| 23 | 23 | | required to hold a permit.] A person importing alcoholic beverages |
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| 24 | 24 | | [liquor] into the state under this subsection must pay the state tax |
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| 25 | 25 | | on alcoholic beverages [liquor] and an administrative fee of $3 [50 |
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| 26 | 26 | | cents] and must affix the required tax stamps. No minor and no |
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| 27 | 27 | | intoxicated person may import any alcoholic beverages [liquor] into |
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| 28 | 28 | | the state. A person importing alcoholic beverages [wine or liquor] |
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| 29 | 29 | | under this subsection must personally accompany the alcoholic |
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| 30 | 30 | | beverages [wine or liquor] as the alcoholic beverages enter [it |
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| 31 | 31 | | enters] the state. A person may not use [avail himself of] the |
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| 32 | 32 | | exemptions set forth in this subsection more than once every thirty |
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| 33 | 33 | | days. |
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| 34 | 34 | | (e) The administrative fees collected under this section |
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| 35 | 35 | | shall be used by the commission for the administrative costs of |
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| 36 | 36 | | enforcing the requirements of Subsection [Subsections] (a) [and (b) |
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| 37 | 37 | | of this section]. |
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| 38 | 38 | | SECTION 2. Section 107.11, Alcoholic Beverage Code, is |
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| 39 | 39 | | amended to read as follows: |
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| 40 | 40 | | Sec. 107.11. IMPORTATION OF PERSONAL [WINE] COLLECTION. |
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| 41 | 41 | | (a) A person who is relocating a household may import, or contract |
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| 42 | 42 | | with a motor carrier or another person to import, a personal malt |
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| 43 | 43 | | beverage, wine, or distilled spirit collection as a part of that |
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| 44 | 44 | | person's household goods. |
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| 45 | 45 | | (b) Section 107.07 [of this code] does not apply to a person |
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| 46 | 46 | | who is importing a personal malt beverage, wine, or distilled |
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| 47 | 47 | | spirit collection under Subsection (a) [of this section]. |
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| 48 | 48 | | SECTION 3. Sections 107.07(b) and (c) and 107.12, Alcoholic |
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| 49 | 49 | | Beverage Code, are repealed. |
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| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2011. |
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| 51 | 51 | | * * * * * |
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