Texas 2015 - 84th Regular

Texas Senate Bill SB719 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R6348 JAM-D
2	2	By: Burton S.B. No. 719
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the direct shipment of certain alcoholic beverages to
8	8	ultimate consumers; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 12, Alcoholic Beverage Code, is amended
11	11	by adding Section 12.07 to read as follows:
12	12	Sec. 12.07. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
13	13	of a brewer's permit may ship ale or malt liquor produced or bottled
14	14	by the permit holder to the ultimate consumer, including ultimate
15	15	consumers located in dry areas. Delivery must be by the holder of a
16	16	carrier permit.
17	17	(b) All ale or malt liquor shipped to an ultimate consumer
18	18	by the holder of a brewer's permit must be in a package that is
19	19	clearly and conspicuously labeled showing that:
20	20	(1) the package contains ale or malt liquor; and
21	21	(2) the package may be delivered only to a person
22	22	described in Subsection (c).
23	23	(c) Ale or malt liquor shipped by the holder of a brewer's
24	24	permit may not be delivered to any person other than:
25	25	(1) the person who purchased the ale or malt liquor;
26	26	(2) a recipient designated in advance by such
27	27	purchaser; or
28	28	(3) a person at the delivery address who is 21 years of
29	29	age or older.
30	30	(d) Ale or malt liquor may be delivered only to a person who
31	31	is 21 years of age or older after the person accepting the package:
32	32	(1) presents valid proof of identity and age; and
33	33	(2) personally signs a receipt acknowledging delivery
34	34	of the package.
35	35	(e) The holder of a brewer's permit may not:
36	36	(1) sell or ship ale or malt liquor to a minor; or
37	37	(2) deliver ale or malt liquor to a consumer using a
38	38	carrier that does not hold a carrier's permit under this code.
39	39	SECTION 2. Section 14.05, Alcoholic Beverage Code, as added
40	40	by Chapter 106 (S.B. 905), Acts of the 83rd Legislature, Regular
41	41	Session, 2013, is amended by adding Subsection (h) to read as
42	42	follows:
43	43	(h) Nothing in this section applies to the sale and shipment
44	44	of distilled spirits under Section 14.07.
45	45	SECTION 3. Chapter 14, Alcoholic Beverage Code, is amended
46	46	by adding Section 14.07 to read as follows:
47	47	Sec. 14.07. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
48	48	of a distiller's and rectifier's permit may ship distilled spirits
49	49	produced or bottled by the permit holder to the ultimate consumer,
50	50	including ultimate consumers located in dry areas. Delivery must
51	51	be by the holder of a carrier permit.
52	52	(b) All distilled spirits shipped to an ultimate consumer by
53	53	the holder of a distiller's and rectifier's permit must be in a
54	54	package that is clearly and conspicuously labeled showing that:
55	55	(1) the package contains distilled spirits; and
56	56	(2) the package may be delivered only to a person
57	57	described in Subsection (c).
58	58	(c) Distilled spirits shipped by the holder of a distiller's
59	59	and rectifier's permit may not be delivered to any person other
60	60	than:
61	61	(1) the person who purchased the distilled spirits;
62	62	(2) a recipient designated in advance by such
63	63	purchaser; or
64	64	(3) a person at the delivery address who is 21 years of
65	65	age or older.
66	66	(d) Distilled spirits may be delivered only to a person who
67	67	is 21 years of age or older after the person accepting the package:
68	68	(1) presents valid proof of identity and age; and
69	69	(2) personally signs a receipt acknowledging delivery
70	70	of the package.
71	71	(e) The holder of a distiller's and rectifier's permit may
72	72	not:
73	73	(1) sell or ship distilled spirits to a minor; or
74	74	(2) deliver distilled spirits to a consumer using a
75	75	carrier that does not hold a carrier's permit under this code.
76	76	SECTION 4. Section 16.09(e), Alcoholic Beverage Code, is
77	77	amended to read as follows:
78	78	(e) The holder of a winery permit may not:
79	79	(1) sell or ship wine to a minor; or
80	80	(2) deliver wine to a consumer using a carrier that
81	81	does not hold a carrier's permit under this code[; or
82	82	[(3) deliver to the same consumer in this state more
83	83	than nine gallons of wine within any calendar month or more than 36
84	84	gallons of wine within any 12-month period].
85	85	SECTION 5. Chapter 54, Alcoholic Beverage Code, is amended
86	86	to read as follows:
87	87	CHAPTER 54. OUT-OF-STATE [WINERY] DIRECT SHIPPER'S PERMIT
88	88	Sec. 54.01. AUTHORIZED ACTIVITIES. The holder of an
89	89	out-of-state [winery] direct shipper's permit may sell and deliver
90	90	an alcoholic beverage [wine] that is produced or bottled by the
91	91	permittee to an ultimate consumer located in the State of Texas.
92	92	Delivery must be by the holder of a carrier permit.
93	93	Sec. 54.02. PROHIBITED ACTIVITIES. The holder of an
94	94	out-of-state [winery] direct shipper's permit may not:
95	95	(1) sell or ship an alcoholic beverage [wine] to a
96	96	minor; or
97	97	(2) deliver an alcoholic beverage [wine] to a consumer
98	98	using a carrier that does not hold a carrier's permit under this
99	99	code[;
100	100	[(3) deliver to the same consumer in this state more
101	101	than nine gallons of wine within any calendar month or more than 36
102	102	gallons of wine within any 12-month period; or
103	103	[(4) sell to ultimate consumers more than 35,000
104	104	gallons of wine annually].
105	105	Sec. 54.03. QUALIFICATIONS FOR PERMIT. An out-of-state
106	106	[winery] direct shipper's permit may only be issued to a person who:
107	107	(1) does not hold a [winery] permit or license
108	108	authorizing the production or bottling of alcoholic beverages in
109	109	the State of Texas;
110	110	(2) operates a facility for the production or bottling
111	111	of alcoholic beverages [winery] located in the United States and
112	112	holds all state and federal permits necessary to operate the
113	113	facility [winery, including the federal winemaker's and blender's
114	114	basic permit];
115	115	(3) holds a Texas sales tax permit;
116	116	(4) expressly submits to personal jurisdiction in
117	117	Texas state and federal courts and expressly submits to venue in
118	118	Travis County, Texas, as proper venue for any proceedings that may
119	119	be initiated by or against the commission; and
120	120	(5) does not directly or indirectly have any financial
121	121	interest in a Texas wholesaler or retailer as those terms are used
122	122	in Section 102.01.
123	123	Sec. 54.04. PERMIT FEE. The annual state fee for an
124	124	out-of-state [winery] direct shipper's permit is $75.
125	125	Sec. 54.05. IDENTIFICATION REQUIREMENTS. (a) All
126	126	alcoholic beverages [wine] sold or shipped by the holder of an
127	127	out-of-state [winery] direct shipper's permit must be in a package
128	128	that is clearly and conspicuously labeled showing that:
129	129	(1) the package contains an alcoholic beverage [wine];
130	130	and
131	131	(2) the package may only be delivered to a person
132	132	described in Subsection (b).
133	133	(b) An alcoholic beverage [Wine] sold or shipped by a holder
134	134	of an out-of-state [winery] direct shipper's permit may not be
135	135	delivered to any person other than:
136	136	(1) the person who purchased the alcoholic beverage
137	137	[wine];
138	138	(2) a recipient designated in advance by such
139	139	purchaser; or
140	140	(3) a person at the delivery address who is [age] 21
141	141	years of age or older [over].
142	142	(c) An alcoholic beverage [Wine] may be delivered only to a
143	143	person who is [age] 21 years of age or older [over] after the person
144	144	accepting the package:
145	145	(1) presents valid proof of identity and age; and
146	146	(2) personally signs a receipt acknowledging delivery
147	147	of the package.
148	148	Sec. 54.06. REPORTS AND RECORDKEEPING. (a) The holder of
149	149	an out-of-state [winery] direct shipper's permit shall maintain
150	150	records of all sales and deliveries made under the permit.
151	151	(b) The holder of an out-of-state [winery] direct shipper's
152	152	permit shall maintain complete sales and delivery records for all
153	153	sales and deliveries made under the permit for at least five years
154	154	from the date of sale. These records shall be made available upon
155	155	request for inspection by the commission or any other appropriate
156	156	state agency.
157	157	(c) The commission shall establish rules requiring the
158	158	holder of an out-of-state [winery] direct shipper's permit to
159	159	periodically file reports providing the commission with such
160	160	information as the commission may determine is needed to more
161	161	efficiently and effectively enforce the state laws applicable to
162	162	the permit holder.
163	163	Sec. 54.07. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales
164	164	made by the holder of an out-of-state [winery] direct shipper's
165	165	permit shall be deemed to have been made in the State of Texas for
166	166	delivery in the State of Texas.
167	167	(b) The holder of an out-of-state [winery] direct shipper's
168	168	permit shall be responsible for paying the following state taxes
169	169	related to sales and deliveries made under this chapter:
170	170	(1) excise taxes on the alcoholic beverages [wine]
171	171	sold, payable at the same rate and in the same manner as if the
172	172	permittee were a Texas brewery, winery, distiller or rectifier,
173	173	beer manufacturer, or brewpub located in Texas; and
174	174	(2) state sales and use taxes all payable at the same
175	175	rate and in the same manner as if the permittee were a Texas
176	176	brewery, winery, distiller or rectifier, beer manufacturer, or
177	177	brewpub located in Texas.
178	178	(c) An ultimate consumer who purchases an alcoholic
179	179	beverage [wine] from the holder of an out-of-state [winery] direct
180	180	shipper's permit under this chapter shall be considered to be
181	181	purchasing the alcoholic beverage [wine] from a Texas permittee or
182	182	licensee and shall not be charged the administrative fee for
183	183	personal imports set forth in Section 107.07.
184	184	Sec. 54.08. RESALE PROHIBITED. A consumer purchasing an
185	185	alcoholic beverage [wine] from the holder of an out-of-state
186	186	[winery] direct shipper's permit may not resell the alcoholic
187	187	beverage [wine], and any such alcoholic beverage [wine] that is
188	188	resold is an illicit beverage as defined in Section 1.04(4).
189	189	Sec. 54.09. DELIVERY AREAS. An alcoholic beverage [Wine]
190	190	shipped under this chapter may be delivered to persons located in a
191	191	dry area.
192	192	Sec. 54.10. [WINE] LABEL APPROVAL NOT REQUIRED. If the
193	193	holder of an out-of-state [winery] direct shipper's permit has
194	194	satisfied all federal label approval requirements for a particular
195	195	brand of alcoholic beverage [wine], then no further label approval
196	196	shall be required by the commission.
197	197	Sec. 54.11. RULES. The commission shall adopt rules and
198	198	forms necessary to implement this chapter.
199	199	Sec. 54.12. PENALTY FOR SHIPPING WITHOUT A PERMIT. Any
200	200	person who does not hold an out-of-state [winery] direct shipper's
201	201	permit who sells and ships alcohol from outside of Texas to an
202	202	ultimate consumer in Texas commits on first offense a Class B
203	203	misdemeanor, on second offense a Class A misdemeanor, and on third
204	204	offense a state jail felony.
205	205	SECTION 6. Chapter 62, Alcoholic Beverage Code, is amended
206	206	by adding Section 62.15 to read as follows:
207	207	Sec. 62.15. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
208	208	of a manufacturer's license may ship beer produced, bottled, or
209	209	canned by the license holder to the ultimate consumer, including
210	210	ultimate consumers located in dry areas. Delivery must be by the
211	211	holder of a carrier permit.
212	212	(b) All beer shipped to an ultimate consumer by the holder
213	213	of a manufacturer's license must be in a package that is clearly and
214	214	conspicuously labeled showing that:
215	215	(1) the package contains beer; and
216	216	(2) the package may be delivered only to a person
217	217	described in Subsection (c).
218	218	(c) Beer shipped by the holder of a manufacturer's license
219	219	may not be delivered to any person other than:
220	220	(1) the person who purchased the beer;
221	221	(2) a recipient designated in advance by such
222	222	purchaser; or
223	223	(3) a person at the delivery address who is 21 years of
224	224	age or older.
225	225	(d) Beer may be delivered only to a person who is 21 years of
226	226	age or older after the person accepting the package:
227	227	(1) presents valid proof of identity and age; and
228	228	(2) personally signs a receipt acknowledging delivery
229	229	of the package.
230	230	(e) The holder of a manufacturer's license may not:
231	231	(1) sell or ship beer to a minor; or
232	232	(2) deliver beer to a consumer using a carrier that
233	233	does not hold a carrier's permit under this code.
234	234	SECTION 7. Chapter 74, Alcoholic Beverage Code, is amended
235	235	by adding Section 74.12 to read as follows:
236	236	Sec. 74.12. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
237	237	of a brewpub license may ship malt liquor, ale, or beer produced,
238	238	bottled, or canned by the license holder to the ultimate consumer,
239	239	including ultimate consumers located in dry areas. Delivery must
240	240	be by the holder of a carrier permit.
241	241	(b) All malt liquor, ale, or beer shipped to an ultimate
242	242	consumer by the holder of a brewpub license must be in a package
243	243	that is clearly and conspicuously labeled showing that:
244	244	(1) the package contains malt liquor, ale, or beer;
245	245	and
246	246	(2) the package may be delivered only to a person
247	247	described in Subsection (c).
248	248	(c) Malt liquor, ale, or beer shipped by the holder of a
249	249	brewpub license may not be delivered to any person other than:
250	250	(1) the person who purchased the malt liquor, ale, or
251	251	beer;
252	252	(2) a recipient designated in advance by such
253	253	purchaser; or
254	254	(3) a person at the delivery address who is 21 years of
255	255	age or older.
256	256	(d) Malt liquor, ale, or beer may be delivered only to a
257	257	person who is 21 years of age or older after the person accepting
258	258	the package:
259	259	(1) presents valid proof of identity and age; and
260	260	(2) personally signs a receipt acknowledging delivery
261	261	of the package.
262	262	(e) The holder of a brewpub license may not:
263	263	(1) sell or ship malt liquor, ale, or beer to a minor;
264	264	or
265	265	(2) deliver malt liquor, ale, or beer to a consumer
266	266	using a carrier that does not hold a carrier's permit under this
267	267	code.
268	268	SECTION 8. Section 101.46(c), Alcoholic Beverage Code, is
269	269	amended to read as follows:
270	270	(c) Subsection (a) of this section does not apply to liquor
271	271	imported under Section 107.07 or sold and delivered to an ultimate
272	272	consumer by the holder of an out-of-state direct shipper's permit
273	273	[of this code].
274	274	SECTION 9. Section 107.05(b), Alcoholic Beverage Code, is
275	275	amended to read as follows:
276	276	(b) This section does not apply to the transportation of
277	277	liquor into the state as authorized by Chapter 54 or Section 107.07
278	278	[of this code].
279	279	SECTION 10. Section 107.06(c), Alcoholic Beverage Code, is
280	280	amended to read as follows:
281	281	(c) This section does not apply to the importation or
282	282	transportation of military beer consigned to a military
283	283	installation or to the importation or direct shipment of beer as
284	284	authorized under Chapter 54 or Section 107.07 [of this code].
285	285	SECTION 11. Section 201.41, Alcoholic Beverage Code, is
286	286	amended to read as follows:
287	287	Sec. 201.41. FIRST SALE. In this subchapter, "first sale"
288	288	means:
289	289	(1) the first actual sale of ale or malt liquor by:
290	290	(A) the holder of a wholesaler's, general class B
291	291	wholesaler's, or local class B wholesaler's permit to:
292	292	(i) a permittee authorized to sell to
293	293	ultimate consumers;
294	294	(ii) a local distributor permittee; or
295	295	(iii) a private club registration
296	296	permittee; [or]
297	297	(B) a brewpub licensee to a consumer, including a
298	298	sale under Section 74.12, or a permittee or licensee authorized to
299	299	sell ale or malt liquor to ultimate consumers; or
300	300	(C) a holder of a brewer's permit to an ultimate
301	301	consumer under Section 12.07;
302	302	(2) the importation of ale or malt liquor under
303	303	Section 107.07; or
304	304	(3) the sale of ale or malt liquor by a holder of an
305	305	out-of-state direct shipper's permit to an ultimate consumer in
306	306	this state.
307	307	SECTION 12. Section 203.02, Alcoholic Beverage Code, is
308	308	amended to read as follows:
309	309	Sec. 203.02. "FIRST SALE". In this chapter, "first sale"
310	310	means:
311	311	(1) the first actual sale of beer by:
312	312	(A) [by] the holder of a distributor's license or
313	313	by the holder of a manufacturer's license acting under the
314	314	authority of Section 62.12, to:
315	315	(i) a permittee or licensee authorized to
316	316	sell to ultimate consumers;
317	317	(ii) a local distributor permittee; or
318	318	(iii) a private club registration
319	319	permittee; [or]
320	320	(B) [by] a brewpub licensee to a consumer,
321	321	including a sale under Section 74.12, or a permittee or licensee
322	322	authorized to sell beer to ultimate consumers; or
323	323	(C) a holder of a manufacturer's license to an
324	324	ultimate consumer under Section 62.15;
325	325	(2) the importation of beer under Section 107.07; or
326	326	(3) the sale of beer by a holder of an out-of-state
327	327	direct shipper's permit to an ultimate consumer in this state.
328	328	SECTION 13. This Act takes effect September 1, 2015.