Texas 2017 - 85th Regular

Texas House Bill HB2291 Compare Versions

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

Old	New	Differences
1	1	85R10120 BEE-D
2	2	By: Rinaldi H.B. No. 2291
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; creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11.61(b), Alcoholic Beverage Code, is
11	11	amended to read as follows:
12	12	(b) The commission or administrator may suspend for not more
13	13	than 60 days or cancel an original or renewal permit if it is found,
14	14	after notice and hearing, that any of the following is true:
15	15	(1) the permittee has been finally convicted of a
16	16	violation of this code;
17	17	(2) the permittee violated a provision of this code or
18	18	a rule of the commission;
19	19	(3) the permittee was finally convicted of a felony
20	20	while holding an original or renewal permit;
21	21	(4) the permittee made a false or misleading statement
22	22	in connection with the permittee's [his] original or renewal
23	23	application, either in the formal application itself or in any
24	24	other written instrument relating to the application submitted to
25	25	the commission, its officers, or employees;
26	26	(5) the permittee is indebted to the state for taxes,
27	27	fees, or payment of penalties imposed by this code, by a rule of the
28	28	commission, or by Chapter 183, Tax Code;
29	29	(6) the permittee is not of good moral character or the
30	30	permittee's [his] reputation for being a peaceable and law-abiding
31	31	citizen in the community where the permittee [he] resides is bad;
32	32	(7) the place or manner in which the permittee
33	33	conducts the permittee's [his] business warrants the cancellation
34	34	or suspension of the permit based on the general welfare, health,
35	35	peace, morals, and safety of the people and on the public sense of
36	36	decency;
37	37	(8) the permittee is not maintaining an acceptable
38	38	bond;
39	39	(9) the permittee maintains a noisy, lewd, disorderly,
40	40	or unsanitary establishment or has supplied impure or otherwise
41	41	deleterious beverages;
42	42	(10) the permittee is insolvent or mentally or
43	43	physically unable to carry on the management of the permittee's
44	44	[his] establishment;
45	45	(11) the permittee is in the habit of using alcoholic
46	46	beverages to excess;
47	47	(12) the permittee knowingly misrepresented to a
48	48	customer or the public any liquor sold by the permittee [him];
49	49	(13) the permittee was intoxicated on the licensed
50	50	premises;
51	51	(14) the permittee sold or delivered an alcoholic
52	52	beverage to an intoxicated person;
53	53	(15) the permittee possessed on the licensed premises
54	54	an alcoholic beverage that the permittee [he] was not authorized by
55	55	the permittee's [his] permit to purchase and sell;
56	56	(16) except as authorized by this code or other law, a
57	57	package store or wine only package store permittee transported or
58	58	shipped liquor, or caused it to be transported or shipped, into a
59	59	dry state or a dry area within this state;
60	60	(17) the permittee is residentially domiciled with a
61	61	person who has a financial interest in an establishment engaged in
62	62	the business of selling beer at retail, other than a mixed beverage
63	63	establishment, except as authorized by Section 22.06, 24.05, or
64	64	102.05 [of this code];
65	65	(18) the permittee is residentially domiciled with a
66	66	person whose permit or license was cancelled for cause within the
67	67	12-month period preceding the permittee's [his] own application;
68	68	(19) the permittee is not a citizen of the United
69	69	States or has not been a citizen of Texas for a period of one year
70	70	immediately preceding the filing of the permittee's [his]
71	71	application, unless the permittee [he] was issued an original or
72	72	renewal permit on or before September 1, 1948, and has been a United
73	73	States citizen at some time;
74	74	(20) the permittee permitted a person to open a
75	75	container of alcoholic beverage or possess an open container of
76	76	alcoholic beverage on the licensed premises unless a mixed beverage
77	77	permit has been issued for the premises;
78	78	(21) the permittee failed to promptly report to the
79	79	commission a breach of the peace occurring on the permittee's
80	80	licensed premises;
81	81	(22) the permittee consumed an alcoholic beverage or
82	82	permitted one to be consumed on the licensed premises at a time when
83	83	the consumption of alcoholic beverages is prohibited by this code;
84	84	or
85	85	(23) the permittee sold, served, or delivered an
86	86	alcoholic beverage at a time when its sale is prohibited.
87	87	SECTION 2. Chapter 12, Alcoholic Beverage Code, is amended
88	88	by adding Section 12.07 to read as follows:
89	89	Sec. 12.07. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
90	90	of a brewer's permit who is authorized to sell ale and malt liquor
91	91	to an ultimate consumer for on-site consumption under Section
92	92	12.052 may sell through an Internet website ale and malt liquor
93	93	produced or bottled by the permit holder and ship the ale and malt
94	94	liquor to the ultimate consumer, including ultimate consumers
95	95	located in dry areas. Delivery must be by the holder of a carrier
96	96	permit.
97	97	(b) All ale or malt liquor shipped to an ultimate consumer
98	98	by the holder of a brewer's permit must be in a package that is
99	99	clearly and conspicuously labeled showing that:
100	100	(1) the package contains ale or malt liquor; and
101	101	(2) the package may be delivered only to a person
102	102	described in Subsection (c).
103	103	(c) Ale or malt liquor shipped by the holder of a brewer's
104	104	permit may not be delivered to any person other than:
105	105	(1) the person who purchased the ale or malt liquor;
106	106	(2) a recipient designated in advance by such
107	107	purchaser; or
108	108	(3) a person at the delivery address who is 21 years of
109	109	age or older.
110	110	(d) Ale or malt liquor may be delivered only to a person who
111	111	is 21 years of age or older after the person accepting the package:
112	112	(1) presents valid proof of identity and age; and
113	113	(2) personally signs a receipt acknowledging delivery
114	114	of the package.
115	115	(e) The holder of a brewer's permit may not:
116	116	(1) sell or ship ale or malt liquor to a minor; or
117	117	(2) deliver ale or malt liquor to a consumer using a
118	118	carrier that does not hold a carrier's permit under this code.
119	119	SECTION 3. Section 16.09(e), Alcoholic Beverage Code, is
120	120	amended to read as follows:
121	121	(e) The holder of a winery permit may not:
122	122	(1) sell or ship wine to a minor; or
123	123	(2) deliver wine to a consumer using a carrier that
124	124	does not hold a carrier's permit under this code[; or
125	125	[(3) deliver to the same consumer in this state more
126	126	than nine gallons of wine within any calendar month or more than 36
127	127	gallons of wine within any 12-month period].
128	128	SECTION 4. Chapter 22, Alcoholic Beverage Code, is amended
129	129	by adding Section 22.18 to read as follows:
130	130	Sec. 22.18. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
131	131	of a package store permit may sell through an Internet website malt
132	132	liquor, ale, and wine and ship the malt liquor, ale, and wine to the
133	133	ultimate consumer, including ultimate consumers located in dry
134	134	areas. Delivery must be by the holder of a carrier permit.
135	135	(b) All alcoholic beverages shipped to an ultimate consumer
136	136	under this section by the holder of a package store permit must be
137	137	in a package that is clearly and conspicuously labeled showing
138	138	that:
139	139	(1) the package contains an alcoholic beverage; and
140	140	(2) the package may be delivered only to a person
141	141	described in Subsection (c).
142	142	(c) Alcoholic beverages shipped under this section by the
143	143	holder of a package store permit may not be delivered to any person
144	144	other than:
145	145	(1) the person who purchased the alcoholic beverage;
146	146	(2) a recipient designated in advance by such
147	147	purchaser; or
148	148	(3) a person at the delivery address who is 21 years of
149	149	age or older.
150	150	(d) Alcoholic beverages may be delivered under this section
151	151	only to a person who is 21 years of age or older after the person
152	152	accepting the package:
153	153	(1) presents valid proof of identity and age; and
154	154	(2) personally signs a receipt acknowledging delivery
155	155	of the package.
156	156	(e) The holder of a package store permit may not:
157	157	(1) sell or ship alcoholic beverages to a minor; or
158	158	(2) deliver alcoholic beverages to a consumer under
159	159	this section using a carrier that does not hold a carrier's permit
160	160	under this code.
161	161	SECTION 5. Chapter 24, Alcoholic Beverage Code, is amended
162	162	by adding Section 24.13 to read as follows:
163	163	Sec. 24.13. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
164	164	of a wine only package store permit may sell through an Internet
165	165	website ale, wine, and vinous liquors and ship the ale, wine, and
166	166	vinous liquors to the ultimate consumer, including ultimate
167	167	consumers located in dry areas. Delivery must be by the holder of a
168	168	carrier permit.
169	169	(b) All alcoholic beverages shipped to an ultimate consumer
170	170	under this section by the holder of a wine only package store permit
171	171	must be in a package that is clearly and conspicuously labeled
172	172	showing that:
173	173	(1) the package contains an alcoholic beverage; and
174	174	(2) the package may be delivered only to a person
175	175	described in Subsection (c).
176	176	(c) Alcoholic beverages shipped under this section by the
177	177	holder of a wine only package store permit may not be delivered to
178	178	any person other than:
179	179	(1) the person who purchased the alcoholic beverages;
180	180	(2) a recipient designated in advance by such
181	181	purchaser; or
182	182	(3) a person at the delivery address who is 21 years of
183	183	age or older.
184	184	(d) Alcoholic beverages may be delivered under this section
185	185	only to a person who is 21 years of age or older after the person
186	186	accepting the package:
187	187	(1) presents valid proof of identity and age; and
188	188	(2) personally signs a receipt acknowledging delivery
189	189	of the package.
190	190	(e) The holder of a wine only package store permit may not:
191	191	(1) sell or ship alcoholic beverages to a minor; or
192	192	(2) deliver alcoholic beverages to a consumer under
193	193	this section using a carrier that does not hold a carrier's permit
194	194	under this code.
195	195	SECTION 6. Chapter 25, Alcoholic Beverage Code, is amended
196	196	by adding Section 25.15 to read as follows:
197	197	Sec. 25.15. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
198	198	of a wine and beer retailer's permit may sell through an Internet
199	199	website wine, beer, and malt liquors containing alcohol in excess
200	200	of one-half of one percent by volume and not more than 17 percent by
201	201	volume and ship those beverages to the ultimate consumer, including
202	202	ultimate consumers located in dry areas. Delivery must be by the
203	203	holder of a carrier permit.
204	204	(b) All alcoholic beverages shipped to an ultimate consumer
205	205	under this section by the holder of a wine and beer retailer's
206	206	permit must be in a package that is clearly and conspicuously
207	207	labeled showing that:
208	208	(1) the package contains an alcoholic beverage; and
209	209	(2) the package may be delivered only to a person
210	210	described in Subsection (c).
211	211	(c) Alcoholic beverages shipped under this section by the
212	212	holder of a wine and beer retailer's permit may not be delivered to
213	213	any person other than:
214	214	(1) the person who purchased the alcoholic beverages;
215	215	(2) a recipient designated in advance by such
216	216	purchaser; or
217	217	(3) a person at the delivery address who is 21 years of
218	218	age or older.
219	219	(d) Alcoholic beverages may be delivered under this section
220	220	only to a person who is 21 years of age or older after the person
221	221	accepting the package:
222	222	(1) presents valid proof of identity and age; and
223	223	(2) personally signs a receipt acknowledging delivery
224	224	of the package.
225	225	(e) The holder of a wine and beer retailer's permit may not:
226	226	(1) sell or ship alcoholic beverages to a minor; or
227	227	(2) deliver alcoholic beverages to a consumer under
228	228	this section using a carrier that does not hold a carrier's permit
229	229	under this code.
230	230	SECTION 7. Chapter 26, Alcoholic Beverage Code, is amended
231	231	by adding Section 26.09 to read as follows:
232	232	Sec. 26.09. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
233	233	of a wine and beer retailer's off-premise permit may sell through an
234	234	Internet website wine, beer, and malt liquors containing alcohol in
235	235	excess of one-half of one percent by volume and not more than 17
236	236	percent by volume and ship those beverages to the ultimate
237	237	consumer, including ultimate consumers located in dry areas.
238	238	Delivery must be by the holder of a carrier permit.
239	239	(b) All alcoholic beverages shipped to an ultimate consumer
240	240	under this section by the holder of a wine and beer retailer's
241	241	off-premise permit must be in a package that is clearly and
242	242	conspicuously labeled showing that:
243	243	(1) the package contains an alcoholic beverage; and
244	244	(2) the package may be delivered only to a person
245	245	described in Subsection (c).
246	246	(c) Alcoholic beverages shipped under this section by the
247	247	holder of a wine and beer retailer's off-premise permit may not be
248	248	delivered to any person other than:
249	249	(1) the person who purchased the alcoholic beverages;
250	250	(2) a recipient designated in advance by such
251	251	purchaser; or
252	252	(3) a person at the delivery address who is 21 years of
253	253	age or older.
254	254	(d) Alcoholic beverages may be delivered under this section
255	255	only to a person who is 21 years of age or older after the person
256	256	accepting the package:
257	257	(1) presents valid proof of identity and age; and
258	258	(2) personally signs a receipt acknowledging delivery
259	259	of the package.
260	260	(e) The holder of a wine and beer retailer's off-premise
261	261	permit may not:
262	262	(1) sell or ship alcoholic beverages to a minor; or
263	263	(2) deliver alcoholic beverages to a consumer under
264	264	this section using a carrier that does not hold a carrier's permit
265	265	under this code.
266	266	SECTION 8. Chapter 54, Alcoholic Beverage Code, is amended
267	267	to read as follows:
268	268	CHAPTER 54. OUT-OF-STATE MANUFACTURER [WINERY] DIRECT SHIPPER'S
269	269	PERMIT
270	270	Sec. 54.01. AUTHORIZED ACTIVITIES. The holder of an
271	271	out-of-state manufacturer [winery] direct shipper's permit may
272	272	sell and deliver ale, malt liquor, wine, and beer that is produced
273	273	or bottled by the permittee to an ultimate consumer located in the
274	274	State of Texas. Delivery must be by the holder of a carrier permit.
275	275	Sec. 54.02. PROHIBITED ACTIVITIES. The holder of an
276	276	out-of-state manufacturer [winery] direct shipper's permit may
277	277	not:
278	278	(1) sell or ship ale, malt liquor, wine, and beer to a
279	279	minor; or
280	280	(2) deliver ale, malt liquor, wine, and beer to a
281	281	consumer using a carrier that does not hold a carrier's permit under
282	282	this code[;
283	283	[(3) deliver to the same consumer in this state more
284	284	than nine gallons of wine within any calendar month or more than 36
285	285	gallons of wine within any 12-month period; or
286	286	[(4) sell to ultimate consumers more than 35,000
287	287	gallons of wine annually].
288	288	Sec. 54.03. QUALIFICATIONS FOR PERMIT. An out-of-state
289	289	manufacturer [winery] direct shipper's permit may only be issued to
290	290	a person who:
291	291	(1) does not hold a [winery] permit or license
292	292	authorizing the production or bottling of alcoholic beverages in
293	293	the State of Texas;
294	294	(2) operates a facility for the production or bottling
295	295	of alcoholic beverages [winery] located in the United States and
296	296	holds all state and federal permits necessary to operate the
297	297	facility [winery, including the federal winemaker's and blender's
298	298	basic permit];
299	299	(3) is authorized by another state to sell ale, malt
300	300	liquor, wine, and beer to an ultimate consumer;
301	301	(4) [(3)] holds a Texas sales tax permit;
302	302	(5) [(4)] expressly submits to personal jurisdiction
303	303	in Texas state and federal courts and expressly submits to venue in
304	304	Travis County, Texas, as proper venue for any proceedings that may
305	305	be initiated by or against the commission; and
306	306	(6) [(5)] does not directly or indirectly have any
307	307	financial interest in a Texas wholesaler or retailer as those terms
308	308	are used in Section 102.01.
309	309	Sec. 54.04. PERMIT FEE. The commission shall set the annual
310	310	state fee for an out-of-state manufacturer [winery] direct
311	311	shipper's permit in an amount necessary to cover the cost of issuing
312	312	the permit and administering this chapter [is $75].
313	313	Sec. 54.05. IDENTIFICATION REQUIREMENTS. (a) All
314	314	alcoholic beverages [wine] sold or shipped by the holder of an
315	315	out-of-state manufacturer [winery] direct shipper's permit must be
316	316	in a package that is clearly and conspicuously labeled showing
317	317	that:
318	318	(1) the package contains an alcoholic beverage [wine];
319	319	and
320	320	(2) the package may only be delivered to a person
321	321	described in Subsection (b).
322	322	(b) An alcoholic beverage [Wine] sold or shipped by a holder
323	323	of an out-of-state manufacturer [winery] direct shipper's permit
324	324	may not be delivered to any person other than:
325	325	(1) the person who purchased the alcoholic beverage
326	326	[wine];
327	327	(2) a recipient designated in advance by such
328	328	purchaser; or
329	329	(3) a person at the delivery address who is [age] 21
330	330	years of age or older [over].
331	331	(c) An alcoholic beverage [Wine] may be delivered only to a
332	332	person who is [age] 21 years of age or older [over] after the person
333	333	accepting the package:
334	334	(1) presents valid proof of identity and age; and
335	335	(2) personally signs a receipt acknowledging delivery
336	336	of the package.
337	337	Sec. 54.06. REPORTS AND RECORDKEEPING. (a) The holder of
338	338	an out-of-state manufacturer [winery] direct shipper's permit
339	339	shall maintain records of all sales and deliveries made under the
340	340	permit.
341	341	(b) The holder of an out-of-state manufacturer [winery]
342	342	direct shipper's permit shall maintain complete sales and delivery
343	343	records for all sales and deliveries made under the permit for at
344	344	least five years from the date of sale. These records shall be made
345	345	available upon request for inspection by the commission or any
346	346	other appropriate state agency.
347	347	(c) The commission shall establish rules requiring the
348	348	holder of an out-of-state manufacturer [winery] direct shipper's
349	349	permit to periodically file reports providing the commission with
350	350	such information as the commission may determine is needed to more
351	351	efficiently and effectively enforce the state laws applicable to
352	352	the permit holder.
353	353	Sec. 54.07. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales
354	354	made by the holder of an out-of-state manufacturer [winery] direct
355	355	shipper's permit shall be deemed to have been made in the State of
356	356	Texas for delivery in the State of Texas.
357	357	(b) The holder of an out-of-state manufacturer [winery]
358	358	direct shipper's permit shall be responsible for paying the
359	359	following state taxes related to sales and deliveries made under
360	360	this chapter:
361	361	(1) excise taxes on the alcoholic beverages [wine]
362	362	sold, payable at the same rate and in the same manner as if the
363	363	permittee were a Texas brewery, winery, beer manufacturer, or
364	364	brewpub located in Texas; and
365	365	(2) state sales and use taxes all payable at the same
366	366	rate and in the same manner as if the permittee were a Texas
367	367	brewery, winery, beer manufacturer, or brewpub located in Texas.
368	368	(c) An ultimate consumer who purchases an alcoholic
369	369	beverage [wine] from the holder of an out-of-state manufacturer
370	370	[winery] direct shipper's permit under this chapter shall be
371	371	considered to be purchasing the alcoholic beverage [wine] from a
372	372	Texas permittee or licensee and shall not be charged the
373	373	administrative fee for personal imports set forth in Section
374	374	107.07.
375	375	Sec. 54.08. RESALE PROHIBITED. A consumer purchasing an
376	376	alcoholic beverage [wine] from the holder of an out-of-state
377	377	manufacturer [winery] direct shipper's permit may not resell the
378	378	alcoholic beverage [wine], and any such alcoholic beverage [wine]
379	379	that is resold is an illicit beverage as defined in Section 1.04(4).
380	380	Sec. 54.09. DELIVERY AREAS. An alcoholic beverage [Wine]
381	381	shipped under this chapter may be delivered to persons located in a
382	382	dry area.
383	383	Sec. 54.10. [WINE] LABEL APPROVAL NOT REQUIRED. If the
384	384	holder of an out-of-state manufacturer [winery] direct shipper's
385	385	permit has satisfied all federal label approval requirements for a
386	386	particular brand of alcoholic beverage [wine], then no further
387	387	label approval shall be required by the commission.
388	388	Sec. 54.11. RULES. The commission shall adopt rules and
389	389	forms necessary to implement this chapter.
390	390	Sec. 54.12. PENALTY FOR SHIPPING WITHOUT A PERMIT. Any
391	391	person who does not hold an out-of-state manufacturer [winery]
392	392	direct shipper's permit who sells and ships alcohol from outside of
393	393	Texas to an ultimate consumer in Texas commits on first offense a
394	394	Class B misdemeanor, on second offense a Class A misdemeanor, and on
395	395	third offense a state jail felony.
396	396	SECTION 9. Subtitle A, Title 3, Alcoholic Beverage Code, is
397	397	amended by adding Chapter 54A to read as follows:
398	398	CHAPTER 54A. OUT-OF-STATE RETAILER DIRECT SHIPPER'S PERMIT
399	399	Sec. 54A.01. AUTHORIZED ACTIVITIES. The holder of an
400	400	out-of-state retailer direct shipper's permit may sell and deliver
401	401	to an ultimate consumer located in the State of Texas any alcoholic
402	402	beverage the permit holder is authorized by another state to sell to
403	403	an ultimate consumer for off-premise consumption. Delivery must be
404	404	by the holder of a carrier permit.
405	405	Sec. 54A.02. PROHIBITED ACTIVITIES. The holder of an
406	406	out-of-state retailer direct shipper's permit may not:
407	407	(1) sell or ship an alcoholic beverage to a minor; or
408	408	(2) deliver an alcoholic beverage to a consumer using
409	409	a carrier that does not hold a carrier's permit under this code.
410	410	Sec. 54A.03. QUALIFICATIONS FOR PERMIT. An out-of-state
411	411	retailer direct shipper's permit may only be issued to a person who:
412	412	(1) is not authorized to manufacture or bottle
413	413	alcoholic beverages by any state;
414	414	(2) is authorized by any other state to sell alcoholic
415	415	beverages to an ultimate consumer for off-premise consumption;
416	416	(3) holds a Texas sales tax permit;
417	417	(4) expressly submits to personal jurisdiction in
418	418	Texas state and federal courts and expressly submits to venue in
419	419	Travis County, Texas, as proper venue for any proceedings that may
420	420	be initiated by or against the commission; and
421	421	(5) does not directly or indirectly have any financial
422	422	interest in a Texas wholesaler or retailer as those terms are used
423	423	in Section 102.01.
424	424	Sec. 54A.04. PERMIT FEE. The commission shall set the
425	425	annual state fee for an out-of-state retailer direct shipper's
426	426	permit in an amount necessary to cover the cost of issuing the
427	427	permit and administering this chapter.
428	428	Sec. 54A.05. IDENTIFICATION REQUIREMENTS. (a) All
429	429	alcoholic beverages sold or shipped by the holder of an
430	430	out-of-state retailer direct shipper's permit must be in a package
431	431	that is clearly and conspicuously labeled showing that:
432	432	(1) the package contains an alcoholic beverage; and
433	433	(2) the package may only be delivered to a person
434	434	described in Subsection (b).
435	435	(b) An alcoholic beverage sold or shipped by a holder of an
436	436	out-of-state retailer direct shipper's permit may not be delivered
437	437	to any person other than:
438	438	(1) the person who purchased the alcoholic beverage;
439	439	(2) a recipient designated in advance by such
440	440	purchaser; or
441	441	(3) a person at the delivery address who is 21 years of
442	442	age or older.
443	443	(c) An alcoholic beverage may be delivered only to a person
444	444	who is 21 years of age or older after the person accepting the
445	445	package:
446	446	(1) presents valid proof of identity and age; and
447	447	(2) personally signs a receipt acknowledging delivery
448	448	of the package.
449	449	Sec. 54A.06. REPORTS AND RECORDKEEPING. (a) The holder of
450	450	an out-of-state retailer direct shipper's permit shall maintain
451	451	records of all sales and deliveries made under the permit.
452	452	(b) The holder of an out-of-state retailer direct shipper's
453	453	permit shall maintain complete sales and delivery records for all
454	454	sales and deliveries made under the permit for at least five years
455	455	from the date of sale. These records shall be made available upon
456	456	request for inspection by the commission or any other appropriate
457	457	state agency.
458	458	(c) The commission shall establish rules requiring the
459	459	holder of an out-of-state retailer direct shipper's permit to
460	460	periodically file reports providing the commission with such
461	461	information as the commission may determine is needed to more
462	462	efficiently and effectively enforce the state laws applicable to
463	463	the permittee.
464	464	Sec. 54A.07. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales
465	465	made by the holder of an out-of-state retailer direct shipper's
466	466	permit shall be deemed to have been made in the State of Texas for
467	467	delivery in the State of Texas.
468	468	(b) The holder of an out-of-state retailer direct shipper's
469	469	permit shall be responsible for paying the following state taxes
470	470	related to sales and deliveries made under this chapter:
471	471	(1) excise taxes on the alcoholic beverages sold,
472	472	payable at the same rate and in the same manner as if the permittee
473	473	were the holder of a permit issued under Chapter 22, 24, 25, or 26 or
474	474	a license issued under Chapter 69 or 71; and
475	475	(2) state sales and use taxes all payable at the same
476	476	rate and in the same manner as if the permittee were the holder of a
477	477	permit issued under Chapter 22, 24, 25, or 26 or a license issued
478	478	under Chapter 69 or 71.
479	479	(c) An ultimate consumer who purchases an alcoholic
480	480	beverage from the holder of an out-of-state retailer direct
481	481	shipper's permit under this chapter shall be considered to be
482	482	purchasing the alcoholic beverage from a Texas permittee or
483	483	licensee and shall not be charged the administrative fee for
484	484	personal imports set forth in Section 107.07.
485	485	Sec. 54A.08. RESALE PROHIBITED. A consumer purchasing an
486	486	alcoholic beverage from the holder of an out-of-state retailer
487	487	direct shipper's permit may not resell the alcoholic beverage, and
488	488	any such alcoholic beverage that is resold is an illicit beverage as
489	489	defined in Section 1.04(4).
490	490	Sec. 54A.09. DELIVERY AREAS. An alcoholic beverage shipped
491	491	under this chapter may be delivered to persons located in a dry
492	492	area.
493	493	Sec. 54A.10. LABEL APPROVAL NOT REQUIRED. If the alcoholic
494	494	beverage shipped by the holder of an out-of-state retailer direct
495	495	shipper's permit has satisfied all federal label approval
496	496	requirements for a particular brand of alcoholic beverage, then no
497	497	further label approval shall be required by the commission.
498	498	Sec. 54A.11. RULES. The commission shall adopt rules and
499	499	forms necessary to implement this chapter.
500	500	Sec. 54A.12. PENALTY FOR SHIPPING WITHOUT A PERMIT. Any
501	501	person who does not hold an out-of-state retailer direct shipper's
502	502	permit who sells and ships alcohol from outside of Texas to an
503	503	ultimate consumer in Texas commits on first offense a Class B
504	504	misdemeanor, on second offense a Class A misdemeanor, and on third
505	505	offense a state jail felony.
506	506	SECTION 10. Chapter 62, Alcoholic Beverage Code, is amended
507	507	by adding Section 62.15 to read as follows:
508	508	Sec. 62.15. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
509	509	of a manufacturer's license who is authorized to sell beer to an
510	510	ultimate consumer for on-site consumption under Section 62.122 may
511	511	sell through an Internet website beer produced, bottled, or canned
512	512	by the license holder and ship the beer to the ultimate consumer,
513	513	including ultimate consumers located in dry areas. Delivery must
514	514	be by the holder of a carrier permit.
515	515	(b) All beer shipped to an ultimate consumer by the holder
516	516	of a manufacturer's license must be in a package that is clearly and
517	517	conspicuously labeled showing that:
518	518	(1) the package contains beer; and
519	519	(2) the package may be delivered only to a person
520	520	described in Subsection (c).
521	521	(c) Beer shipped by the holder of a manufacturer's license
522	522	may not be delivered to any person other than:
523	523	(1) the person who purchased the beer;
524	524	(2) a recipient designated in advance by such
525	525	purchaser; or
526	526	(3) a person at the delivery address who is 21 years of
527	527	age or older.
528	528	(d) Beer may be delivered only to a person who is 21 years of
529	529	age or older after the person accepting the package:
530	530	(1) presents valid proof of identity and age; and
531	531	(2) personally signs a receipt acknowledging delivery
532	532	of the package.
533	533	(e) The holder of a manufacturer's license may not:
534	534	(1) sell or ship beer to a minor; or
535	535	(2) deliver beer to a consumer using a carrier that
536	536	does not hold a carrier's permit under this code.
537	537	SECTION 11. Chapter 69, Alcoholic Beverage Code, is amended
538	538	by adding Section 69.18 to read as follows:
539	539	Sec. 69.18. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
540	540	of a retail dealer's on-premise license may sell through an
541	541	Internet website beer and ship the beer to the ultimate consumer,
542	542	including ultimate consumers located in dry areas. Delivery must
543	543	be by the holder of a carrier permit.
544	544	(b) All beer shipped to an ultimate consumer under this
545	545	section by the holder of a retail dealer's on-premise license must
546	546	be in a package that is clearly and conspicuously labeled showing
547	547	that:
548	548	(1) the package contains an alcoholic beverage; and
549	549	(2) the package may be delivered only to a person
550	550	described in Subsection (c).
551	551	(c) Beer shipped under this section by the holder of a
552	552	retail dealer's on-premise license may not be delivered to any
553	553	person other than:
554	554	(1) the person who purchased the beer;
555	555	(2) a recipient designated in advance by such
556	556	purchaser; or
557	557	(3) a person at the delivery address who is 21 years of
558	558	age or older.
559	559	(d) Beer may be delivered under this section only to a
560	560	person who is 21 years of age or older after the person accepting
561	561	the package:
562	562	(1) presents valid proof of identity and age; and
563	563	(2) personally signs a receipt acknowledging delivery
564	564	of the package.
565	565	(e) The holder of a retail dealer's on-premise license may
566	566	not:
567	567	(1) sell or ship beer to a minor; or
568	568	(2) deliver beer to a consumer under this section
569	569	using a carrier that does not hold a carrier's permit under this
570	570	code.
571	571	SECTION 12. Chapter 71, Alcoholic Beverage Code, is amended
572	572	by adding Section 71.12 to read as follows:
573	573	Sec. 71.12. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
574	574	of a retail dealer's off-premise license may sell through an
575	575	Internet website beer and ship the beer to the ultimate consumer,
576	576	including ultimate consumers located in dry areas. Delivery must
577	577	be by the holder of a carrier permit.
578	578	(b) All beer shipped to an ultimate consumer under this
579	579	section by the holder of a retail dealer's off-premise license must
580	580	be in a package that is clearly and conspicuously labeled showing
581	581	that:
582	582	(1) the package contains an alcoholic beverage; and
583	583	(2) the package may be delivered only to a person
584	584	described in Subsection (c).
585	585	(c) Beer shipped under this section by the holder of a
586	586	retail dealer's off-premise license may not be delivered to any
587	587	person other than:
588	588	(1) the person who purchased the beer;
589	589	(2) a recipient designated in advance by such
590	590	purchaser; or
591	591	(3) a person at the delivery address who is 21 years of
592	592	age or older.
593	593	(d) Beer may be delivered under this section only to a
594	594	person who is 21 years of age or older after the person accepting
595	595	the package:
596	596	(1) presents valid proof of identity and age; and
597	597	(2) personally signs a receipt acknowledging delivery
598	598	of the package.
599	599	(e) The holder of a retail dealer's off-premise license may
600	600	not:
601	601	(1) sell or ship beer to a minor; or
602	602	(2) deliver beer to a consumer under this section
603	603	using a carrier that does not hold a carrier's permit under this
604	604	code.
605	605	SECTION 13. Chapter 74, Alcoholic Beverage Code, is amended
606	606	by adding Section 74.12 to read as follows:
607	607	Sec. 74.12. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
608	608	of a brewpub license may sell through an Internet website malt
609	609	liquor, ale, and beer produced, bottled, or canned by the license
610	610	holder and ship the malt liquor, ale, and beer to the ultimate
611	611	consumer, including ultimate consumers located in dry areas.
612	612	Delivery must be by the holder of a carrier permit.
613	613	(b) All malt liquor, ale, or beer shipped to an ultimate
614	614	consumer by the holder of a brewpub license must be in a package
615	615	that is clearly and conspicuously labeled showing that:
616	616	(1) the package contains malt liquor, ale, or beer;
617	617	and
618	618	(2) the package may be delivered only to a person
619	619	described in Subsection (c).
620	620	(c) Malt liquor, ale, or beer shipped by the holder of a
621	621	brewpub license may not be delivered to any person other than:
622	622	(1) the person who purchased the malt liquor, ale, or
623	623	beer;
624	624	(2) a recipient designated in advance by such
625	625	purchaser; or
626	626	(3) a person at the delivery address who is 21 years of
627	627	age or older.
628	628	(d) Malt liquor, ale, or beer may be delivered only to a
629	629	person who is 21 years of age or older after the person accepting
630	630	the package:
631	631	(1) presents valid proof of identity and age; and
632	632	(2) personally signs a receipt acknowledging delivery
633	633	of the package.
634	634	(e) The holder of a brewpub license may not:
635	635	(1) sell or ship malt liquor, ale, or beer to a minor;
636	636	or
637	637	(2) deliver malt liquor, ale, or beer to a consumer
638	638	using a carrier that does not hold a carrier's permit under this
639	639	code.
640	640	SECTION 14. Section 101.46(c), Alcoholic Beverage Code, is
641	641	amended to read as follows:
642	642	(c) Subsection (a) of this section does not apply to liquor
643	643	imported under Section 107.07 or sold and delivered to an ultimate
644	644	consumer by the holder of an out-of-state manufacturer direct
645	645	shipper's permit or out-of-state retailer direct shipper's permit
646	646	[of this code].
647	647	SECTION 15. Section 107.05(b), Alcoholic Beverage Code, is
648	648	amended to read as follows:
649	649	(b) This section does not apply to the transportation of
650	650	liquor into the state as authorized by Chapter 54 or 54A or Section
651	651	107.07 [of this code].
652	652	SECTION 16. Section 107.06(c), Alcoholic Beverage Code, is
653	653	amended to read as follows:
654	654	(c) This section does not apply to the importation or
655	655	transportation of military beer consigned to a military
656	656	installation or to the importation or direct shipment of beer as
657	657	authorized under Chapter 54 or 54A or Section 107.07 [of this code].
658	658	SECTION 17. Section 107.07(f), Alcoholic Beverage Code, is
659	659	amended to read as follows:
660	660	(f) Except as provided by Chapter 54 or 54A, any person in
661	661	the business of selling alcoholic beverages in another state or
662	662	country who ships or causes to be shipped any alcoholic beverage
663	663	directly to any Texas resident under this section is in violation of
664	664	this code.
665	665	SECTION 18. Section 201.41, Alcoholic Beverage Code, is
666	666	amended to read as follows:
667	667	Sec. 201.41. FIRST SALE. In this subchapter, "first sale"
668	668	means:
669	669	(1) the first actual sale of ale or malt liquor by:
670	670	(A) the holder of a wholesaler's, general class B
671	671	wholesaler's, or local class B wholesaler's permit to:
672	672	(i) a permittee authorized to sell to
673	673	ultimate consumers;
674	674	(ii) a local distributor permittee; or
675	675	(iii) a private club registration
676	676	permittee; [or]
677	677	(B) a brewpub licensee to a consumer, including a
678	678	sale under Section 74.12, or a permittee or licensee authorized to
679	679	sell ale or malt liquor to ultimate consumers; or
680	680	(C) a holder of a brewer's permit to an ultimate
681	681	consumer under Section 12.07;
682	682	(2) the importation of ale or malt liquor under
683	683	Section 107.07; or
684	684	(3) the sale of ale or malt liquor by a holder of an
685	685	out-of-state manufacturer direct shipper's permit or out-of-state
686	686	retailer direct shipper's permit to an ultimate consumer in this
687	687	state.
688	688	SECTION 19. Section 203.02, Alcoholic Beverage Code, is
689	689	amended to read as follows:
690	690	Sec. 203.02. "FIRST SALE". In this chapter, "first sale"
691	691	means:
692	692	(1) the first actual sale of beer by:
693	693	(A) [by] the holder of a distributor's license or
694	694	[by] the holder of a manufacturer's self-distribution license
695	695	[acting under the authority of Section 62.12], to:
696	696	(i) a permittee or licensee authorized to
697	697	sell to ultimate consumers;
698	698	(ii) a local distributor permittee; or
699	699	(iii) a private club registration
700	700	permittee; [or]
701	701	(B) [by] a brewpub licensee to a consumer,
702	702	including a sale under Section 74.12, or a permittee or licensee
703	703	authorized to sell beer to ultimate consumers; or
704	704	(C) a holder of a manufacturer's license to an
705	705	ultimate consumer under Section 62.15;
706	706	(2) the importation of beer under Section 107.07; or
707	707	(3) the sale of beer by a holder of an out-of-state
708	708	manufacturer direct shipper's permit or an out-of-state retailer
709	709	direct shipper's permit to an ultimate consumer in this state.
710	710	SECTION 20. This Act takes effect September 1, 2017.