By: Kacal H.B. No. 4242
A BILL TO BE ENTITLED
AN ACT
relating to the authorization of certain carriers to transport
liquor; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 41, Alcoholic Beverage Code, is amended
to read as follows:
Chapter 41. CARRIER PERMIT/PACKAGE STORE CARRIER PERMIT
Sec. 41.01. AUTHORIZED ACTIVITIES OF A CARRIER PERMIT. (a)
The holder of a carrier permit may only transport liquor into and
out of this state and between points within the state.
(b) The holder of a carrier permit may transport liquor from
one wet area to another wet area across a dry area if that course of
transportation is necessary or convenient.
(c) The holder of a carrier permit who transports liquor to
the premises of a wholesaler, including to a location from which the
wholesaler is temporarily conducting business under Section
109.62, shall provide to the consignee a shipping invoice that
clearly states:
(1) the name and address of the consignor and
consignee;
(2) the origin and destination of the shipment; and
(3) any other information required by this code or
commission rule, including the brands, sizes of containers, types,
and quantities of liquor contained in the shipment.
Sec. 41.02. FEE. The annual state fee for a carrier permit
or package store carrier permit is $30.
Sec. 41.03. ELIGIBILITY FOR A CARRIER PERMIT/PACKAGE STORE
CARRIER PERMIT. (a) A carrier permit may be issued to:
(1) a water carrier;
(2) an airline;
(3) a railway;
(4) a motor carrier registered under Chapter 643,
Transportation Code; [or]
(5) a [common carrier operating under a certificate
issued by the Interstate Commerce Commission.] motor carrier with
operating authority or MC registration granted by the Federal Motor
Carrier Safety Administration; or
(6) a transport company operating vehicles with a
gross curb weight of 8,500 pounds or more.
(b) a package store carrier permit may be issued to a
transport company operating vehicles with a gross curb weight of
8,500 pounds or less.
Sec. 41.04. REQUIRED INFORMATION. The holder of a carrier
permit or package store carrier permit shall furnish all
information required by the commission concerning the provisions
of
this section [transportation of liquor].
Sec. 41.05. TRANSPORTATION OF WINE OUT OF STATE. At the
request of a holder of a winery permit, a common carrier that does
not hold a carrier permit may transport wine from the premises of
the holder of the winery permit or from another location where the
holder of a winery permit may legally store wine to a destination
out of this state, if the common carrier may otherwise legally
transport wine and the holder of the winery permit furnishes to the
commission any documentation required by the commission concerning
the transportation and the receipt of the wine at the destination
out of this state.
Sec. 41.06. PACKAGE STORE CARRIER PERMIT. (a) The holder
of a package store carrier permit is considered a "retailer" for
purposes of Section 102.01 of this code.
(b) A package store carrier permittee may not knowingly
utilize or employ any person under the age of 21 to make deliveries
of alcohol.
(c) The holder of a package store carrier permit who
provides transportation and delivery services to more than one
holder of a permit under Chapter 22 or Chapter 24 of this code must
also provide similar transportation and delivery services to
businesses that do not have permits under Chapter 22 or Chapter 24.
Sec. 41.07. AUTHORIZED ACTIVITIES OF A PACKAGE STORE
CARRIER PERMIT. The holder of a package store carrier permit may
transport and deliver liquor to the ultimate consumer on behalf of a
package store or wine only package store that holds a local cartage
permit under the same terms and conditions in Section 22.03 of this
code that are applicable to transport or delivery by the holder of
the package store permit or wine only package store permit.
Sec. 41.08. VEHICLES USED BY PACKAGE STORE CARRIER
PERMITTEE. (a) No package store carrier permittee may transport
liquor unless each vehicle has been plainly marked or lettered to
indicate that it is being used for the transportation of liquor by a
the package store carrier permittee.
(b) The transportation of liquor by a package store carrier
permittee in a vehicle not described and marked in accordance with
this section is a violation of this code and is grounds for
cancellation of the permit.
Sec. 41.09. IDENTIFICATION REQUIREMENTS. (a) Alcohol
transported and delivered by a holder of a package store carrier
permit may not be delivered to any person other than:
(1) the person who purchased the alcohol;
(2) a recipient designated in advance by such
purchaser; or
(3) a person at the delivery address who is age 21 or
over.
(b) Alcohol may be delivered only to a person who is age 21
or over after the person accepting the package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery
of the package.
SECTION 2. This Act takes effect September 1, 2017.