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