Texas 2021 - 87th Regular

Texas Senate Bill SB757 Compare Versions

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

Old	New	Differences
1	1	87R6959 JAM-D
2	2	By: Schwertner S.B. No. 757
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the delivery and direct shipment of certain alcoholic
8	8	beverages to ultimate consumers; creating criminal offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 14, Alcoholic Beverage Code, is amended
11	11	by adding Section 14.09 to read as follows:
12	12	Sec. 14.09. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
13	13	of a distiller's and rectifier's permit may ship to an ultimate
14	14	consumer, including an ultimate consumer located in a dry area,
15	15	distilled spirits sold by the permit holder to the ultimate
16	16	consumer under Section 14.05. Delivery must be by the holder of a
17	17	carrier or consumer delivery permit.
18	18	(b) All distilled spirits shipped to an ultimate consumer by
19	19	the holder of a distiller's and rectifier's permit must be in a
20	20	package that is clearly and conspicuously labeled showing that:
21	21	(1) the package contains distilled spirits; and
22	22	(2) the package may be delivered only to a person
23	23	described by Subsection (c).
24	24	(c) Distilled spirits shipped by the holder of a distiller's
25	25	and rectifier's permit may not be delivered to any person other
26	26	than:
27	27	(1) the person who purchased the distilled spirits;
28	28	(2) a recipient designated in advance by the
29	29	purchaser; or
30	30	(3) a person at the delivery address who is 21 years of
31	31	age or older.
32	32	(d) Distilled spirits may be delivered only to a person who
33	33	is 21 years of age or older and only after the person accepting the
34	34	package:
35	35	(1) presents valid proof of identity and age; and
36	36	(2) personally signs a receipt acknowledging delivery
37	37	of the package.
38	38	(e) The holder of a distiller's and rectifier's permit may
39	39	not:
40	40	(1) sell or ship distilled spirits to a minor;
41	41	(2) deliver distilled spirits to a consumer using a
42	42	carrier that does not hold a carrier's permit or a consumer delivery
43	43	permit under this code; or
44	44	(3) deliver to a consumer in this state more than the
45	45	amount of distilled spirits allowed to be sold to the consumer under
46	46	Section 14.05(c).
47	47	SECTION 2. Section 16.09(a), Alcoholic Beverage Code, is
48	48	amended to read as follows:
49	49	(a) The holder of a winery permit may ship wine to the
50	50	ultimate consumer, including ultimate consumers located in dry
51	51	areas. Delivery must be by the holder of a carrier or consumer
52	52	delivery permit.
53	53	SECTION 3. Section 41.01, Alcoholic Beverage Code, is
54	54	amended to read as follows:
55	55	Sec. 41.01. AUTHORIZED ACTIVITIES. (a) The holder of a
56	56	carrier permit may transport malt beverages and liquor into and out
57	57	of this state and between points within the state.
58	58	(b) The holder may transport malt beverages and liquor from
59	59	one wet area to another wet area across a dry area if that course of
60	60	transportation is necessary or convenient.
61	61	(c) The holder of a carrier permit who transports malt
62	62	beverages or liquor to the premises of a wholesaler, including to a
63	63	location from which the wholesaler is temporarily conducting
64	64	business under Section 109.62, shall provide to the consignee a
65	65	shipping invoice that clearly states:
66	66	(1) the name and address of the consignor and
67	67	consignee;
68	68	(2) the origin and destination of the shipment; and
69	69	(3) any other information required by this code or
70	70	commission rule, including the brands, sizes of containers, types,
71	71	and quantities of malt beverages and liquor contained in the
72	72	shipment.
73	73	SECTION 4. Section 41.04, Alcoholic Beverage Code, is
74	74	amended to read as follows:
75	75	Sec. 41.04. REQUIRED INFORMATION. The holder of a carrier
76	76	permit shall furnish information required by the commission
77	77	concerning the transportation of malt beverages and liquor.
78	78	SECTION 5. Subtitle A, Title 3, Alcoholic Beverage Code, is
79	79	amended by adding Chapter 54A to read as follows:
80	80	CHAPTER 54A. OUT-OF-STATE DISTILLERY DIRECT SHIPPER'S PERMIT
81	81	Sec. 54A.01. AUTHORIZED ACTIVITIES. The holder of an
82	82	out-of-state distillery direct shipper's permit may sell and
83	83	deliver distilled spirits that are produced or bottled by the
84	84	permittee to an ultimate consumer located in the State of Texas.
85	85	Delivery must be by the holder of a carrier permit.
86	86	Sec. 54A.02. PROHIBITED ACTIVITIES. The holder of an
87	87	out-of-state distillery direct shipper's permit may not:
88	88	(1) sell or ship distilled spirits to a minor;
89	89	(2) deliver distilled spirits to a consumer using a
90	90	carrier that does not hold a carrier's permit under this code;
91	91	(3) deliver distilled spirits within a 30-day period
92	92	to the same consumer in this state in an amount that exceeds the
93	93	individual authorization under Section 14.05(c); or
94	94	(4) sell distilled spirits to ultimate consumers for
95	95	off-premises consumption in an annual amount that exceeds the
96	96	annual authorization under Section 14.05(b).
97	97	Sec. 54A.03. QUALIFICATIONS FOR PERMIT. An out-of-state
98	98	distillery direct shipper's permit may only be issued to a person
99	99	who:
100	100	(1) does not hold a distiller's and rectifier's permit
101	101	in the State of Texas;
102	102	(2) operates a distillery located in the United States
103	103	and holds all state and federal permits necessary to operate the
104	104	distillery;
105	105	(3) holds a Texas sales tax permit;
106	106	(4) expressly submits to personal jurisdiction in
107	107	Texas state and federal courts and expressly submits to venue in
108	108	Travis County, Texas, as proper venue for any proceedings that may
109	109	be initiated by or against the commission; and
110	110	(5) does not directly or indirectly have any financial
111	111	interest in a Texas wholesaler or retailer as those terms are used
112	112	in Section 102.01.
113	113	Sec. 54A.04. IDENTIFICATION REQUIREMENTS. (a) All
114	114	distilled spirits sold or shipped by the holder of an out-of-state
115	115	distillery direct shipper's permit must be in a package that is
116	116	clearly and conspicuously labeled showing that:
117	117	(1) the package contains distilled spirits; and
118	118	(2) the package may only be delivered to a person
119	119	described by Subsection (b).
120	120	(b) Distilled spirits sold or shipped by a holder of an
121	121	out-of-state distillery direct shipper's permit may not be
122	122	delivered to any person other than:
123	123	(1) the person who purchased the distilled spirits;
124	124	(2) a recipient designated in advance by the
125	125	purchaser; or
126	126	(3) a person at the delivery address who is 21 years of
127	127	age or older.
128	128	(c) Distilled spirits may be delivered only to a person who
129	129	is 21 years of age or older and only after the person accepting the
130	130	package:
131	131	(1) presents valid proof of identity and age; and
132	132	(2) personally signs a receipt acknowledging delivery
133	133	of the package.
134	134	Sec. 54A.05. REPORTS AND RECORDKEEPING. (a) The holder of
135	135	an out-of-state distillery direct shipper's permit shall maintain
136	136	records of all sales and deliveries made under the permit.
137	137	(b) The holder of an out-of-state distillery direct
138	138	shipper's permit shall maintain complete sales and delivery records
139	139	for all sales and deliveries made under the permit for at least five
140	140	years from the date of sale. These records shall be made available
141	141	on request for inspection by the commission or any other
142	142	appropriate state agency.
143	143	(c) The commission shall establish rules requiring the
144	144	holder of an out-of-state distillery direct shipper's permit to
145	145	periodically file reports providing the commission with such
146	146	information as the commission may determine is needed to more
147	147	efficiently and effectively enforce the state laws applicable to
148	148	the permit holder.
149	149	Sec. 54A.06. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales
150	150	made by the holder of an out-of-state distillery direct shipper's
151	151	permit shall be considered to have been made in the State of Texas
152	152	for delivery in the State of Texas.
153	153	(b) The holder of an out-of-state distillery direct
154	154	shipper's permit shall be responsible for paying the following
155	155	state taxes related to sales and deliveries made under this
156	156	chapter:
157	157	(1) excise taxes on the distilled spirits sold,
158	158	payable at the same rate and in the same manner as if the permittee
159	159	were a Texas distiller or rectifier located in Texas; and
160	160	(2) state sales and use taxes all payable at the same
161	161	rate and in the same manner as if the permittee were a Texas
162	162	distiller or rectifier located in Texas.
163	163	(c) An ultimate consumer who purchases distilled spirits
164	164	from the holder of an out-of-state distillery direct shipper's
165	165	permit under this chapter shall be considered to be purchasing the
166	166	distilled spirits from a Texas permittee and shall not be charged
167	167	the administrative fee for personal imports set forth in Section
168	168	107.07.
169	169	Sec. 54A.07. RESALE PROHIBITED. A consumer purchasing
170	170	distilled spirits from the holder of an out-of-state distillery
171	171	direct shipper's permit may not resell the distilled spirits, and
172	172	any such distilled spirit that is resold is an illicit beverage.
173	173	Sec. 54A.08. DELIVERY AREAS. Distilled spirits shipped
174	174	under this chapter may be delivered to persons located in a dry
175	175	area.
176	176	Sec. 54A.09. LABEL APPROVAL NOT REQUIRED. If the holder of
177	177	an out-of-state distillery direct shipper's permit has satisfied
178	178	all federal label approval requirements for a particular brand of
179	179	distilled spirits, then no further label approval shall be required
180	180	by the commission.
181	181	Sec. 54A.10. RULES. The commission shall adopt rules and
182	182	forms necessary to implement this chapter.
183	183	Sec. 54A.11. PENALTY FOR SHIPPING WITHOUT PERMIT. Any
184	184	person who does not hold an out-of-state distillery direct
185	185	shipper's permit who sells and ships alcohol from outside of Texas
186	186	to an ultimate consumer in Texas commits on first offense a Class B
187	187	misdemeanor, on second offense a Class A misdemeanor, and on third
188	188	offense a state jail felony.
189	189	SECTION 6. Section 57.01, Alcoholic Beverage Code, as added
190	190	by Chapter 441 (S.B. 1450), Acts of the 86th Legislature, Regular
191	191	Session, 2019, is amended to read as follows:
192	192	Sec. 57.01. AUTHORIZED ACTIVITIES. (a) The holder of a
193	193	consumer delivery permit may contract with or employ a driver for
194	194	the delivery of an alcoholic beverage from the premises of the
195	195	holder of a retailer's or manufacturer's permit or license
196	196	described by Subsection (b) to an ultimate consumer located in an
197	197	area where the sale of the beverage is legal.
198	198	(b) An alcoholic beverage may be delivered under this
199	199	section only if the alcoholic beverage is sold to the ultimate
200	200	consumer by the holder of a:
201	201	(1) package store permit;
202	202	(2) wine only package store permit;
203	203	(3) wine and beer retailer's permit;
204	204	(4) wine and beer retailer's off-premise permit;
205	205	(5) retail dealer's on-premise license;
206	206	(6) retail dealer's off-premise license; [or]
207	207	(7) mixed beverage permit authorized to deliver
208	208	alcoholic beverages under Section 28.1001;
209	209	(8) distiller's and rectifier's permit;
210	210	(9) winery permit; or
211	211	(10) brewer's license.
212	212	SECTION 7. Section 57.02(b), Alcoholic Beverage Code, as
213	213	added by Chapter 441 (S.B. 1450), Acts of the 86th Legislature,
214	214	Regular Session, 2019, is amended to read as follows:
215	215	(b) The holder of a consumer delivery permit may make
216	216	deliveries of alcoholic beverages:
217	217	(1) only in response to bona fide orders placed by the
218	218	consumer under Section 57.01; and
219	219	(2) only in areas where the sale of the beverages is
220	220	legal in:
221	221	(A) the county in which the premises of the
222	222	retailer or manufacturer making the sale is located;
223	223	(B) the city or town in which the premises of the
224	224	retailer or manufacturer making the sale is located, if the
225	225	retailer or manufacturer is located in a city or town; or
226	226	(C) an area not further than two miles beyond the
227	227	municipal boundary of the city or town in which the premises of the
228	228	retailer or manufacturer is located, if applicable.
229	229	SECTION 8. Section 57.04, Alcoholic Beverage Code, as added
230	230	by Chapter 441 (S.B. 1450), Acts of the 86th Legislature, Regular
231	231	Session, 2019, is amended to read as follows:
232	232	Sec. 57.04. ELIGIBILITY FOR PERMIT. A consumer delivery
233	233	permit may be issued to:
234	234	(1) a person who contracts with or employs individuals
235	235	for the delivery of retail goods to consumers, other than the holder
236	236	of a permit or license in the [manufacturing or] wholesale tier of
237	237	the alcoholic beverage industry; or
238	238	(2) the holder of a permit or license described by
239	239	Section 57.01(b).
240	240	SECTION 9. Section 57.06(c), Alcoholic Beverage Code, as
241	241	added by Chapter 441 (S.B. 1450), Acts of the 86th Legislature,
242	242	Regular Session, 2019, is amended to read as follows:
243	243	(c) An alcoholic beverage may be delivered under this
244	244	chapter outside the hours of operation of the retailer or
245	245	manufacturer from which the delivery is being made only if the
246	246	delivery driver:
247	247	(1) receives the beverage from the retailer or
248	248	manufacturer during the retailer's or manufacturer's hours of legal
249	249	sale; and
250	250	(2) completes the delivery to the consumer in a
251	251	reasonable amount of time after leaving the retailer's or
252	252	manufacturer's premises.
253	253	SECTION 10. Section 57.07, Alcoholic Beverage Code, as
254	254	added by Chapter 441 (S.B. 1450), Acts of the 86th Legislature,
255	255	Regular Session, 2019, is amended to read as follows:
256	256	Sec. 57.07. RETAILER AND MANUFACTURER RESPONSIBILITY. (a)
257	257	A retailer's or manufacturer's responsibilities under this code
258	258	regarding delivery of an alcoholic beverage to an ultimate consumer
259	259	are considered satisfied at the time the retailer or manufacturer
260	260	transfers possession of an alcoholic beverage to the consumer
261	261	delivery permittee or a delivery driver employed by, contracted
262	262	with, or acting on behalf of the holder of a consumer delivery
263	263	permit.
264	264	(b) An action by a consumer delivery permittee or by a
265	265	delivery driver is not attributable to the retailer or manufacturer
266	266	with regard to:
267	267	(1) providing, selling, or serving alcohol to a minor
268	268	or to an intoxicated individual;
269	269	(2) the delivery of alcohol in a dry or otherwise
270	270	illegal area, unless the retailer or manufacturer has contractually
271	271	agreed to retain responsibility for ensuring that deliveries are
272	272	not directed to a dry or otherwise illegal area; or
273	273	(3) any other provision of this code.
274	274	(c) A retailer or manufacturer:
275	275	(1) is not required to verify that the consumer
276	276	delivery permittee or the delivery driver has received delivery
277	277	driver training under Section 57.09(a)(1); and
278	278	(2) may not be held responsible for any reason under
279	279	statutory or common law for the actions of a consumer delivery
280	280	permittee or a delivery driver acting on behalf of a consumer
281	281	delivery permittee.
282	282	SECTION 11. Chapter 62, Alcoholic Beverage Code, as
283	283	effective September 1, 2021, is amended by adding Section 62.123 to
284	284	read as follows:
285	285	Sec. 62.123. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
286	286	of a brewer's license may ship to an ultimate consumer, including an
287	287	ultimate consumer located in a dry area, malt beverages sold by the
288	288	license holder to the ultimate consumer under Section 62.122(a)(2).
289	289	Delivery must be by the holder of a carrier or consumer delivery
290	290	permit.
291	291	(b) All malt beverages shipped to an ultimate consumer by
292	292	the holder of a brewer's license must be in a package that is
293	293	clearly and conspicuously labeled showing that:
294	294	(1) the package contains malt beverages; and
295	295	(2) the package may be delivered only to a person
296	296	described by Subsection (c).
297	297	(c) Malt beverages shipped by the holder of a brewer's
298	298	license may not be delivered to any person other than:
299	299	(1) the person who purchased the malt beverages;
300	300	(2) a recipient designated in advance by the
301	301	purchaser; or
302	302	(3) a person at the delivery address who is 21 years of
303	303	age or older.
304	304	(d) Malt beverages may be delivered only to a person who is
305	305	21 years of age or older and only after the person accepting the
306	306	package:
307	307	(1) presents valid proof of identity and age; and
308	308	(2) personally signs a receipt acknowledging delivery
309	309	of the package.
310	310	(e) The holder of a brewer's license may not:
311	311	(1) sell or ship malt beverages to a minor;
312	312	(2) deliver malt beverages to a consumer using a
313	313	carrier that does not hold a carrier's permit or a consumer delivery
314	314	permit under this code; or
315	315	(3) deliver to the same consumer in this state more
316	316	than 288 fluid ounces of malt beverages per calendar day.
317	317	SECTION 12. Subtitle B, Title 3, Alcoholic Beverage Code,
318	318	is amended by adding Chapter 63A to read as follows:
319	319	CHAPTER 63A. OUT-OF-STATE BREWERY DIRECT SHIPPER'S LICENSE
320	320	Sec. 63A.01. AUTHORIZED ACTIVITIES. The holder of an
321	321	out-of-state brewery direct shipper's license may sell and deliver
322	322	malt beverages that are produced or bottled by the licensee to an
323	323	ultimate consumer located in the State of Texas. Delivery must be
324	324	by the holder of a carrier permit.
325	325	Sec. 63A.02. PROHIBITED ACTIVITIES. The holder of an
326	326	out-of-state brewery direct shipper's license may not:
327	327	(1) sell or ship malt beverages to a minor;
328	328	(2) deliver malt beverages to a consumer using a
329	329	carrier that does not hold a carrier's permit under this code;
330	330	(3) deliver malt beverages to the same consumer in the
331	331	same calendar day in an amount that exceeds the daily authorization
332	332	under Section 62.122(a-1); or
333	333	(4) sell malt beverages to ultimate consumers in this
334	334	state in an annual amount that exceeds the annual authorization
335	335	under Section 62.122(b).
336	336	Sec. 63A.03. QUALIFICATIONS FOR LICENSE. An out-of-state
337	337	brewery direct shipper's license may only be issued to a person who:
338	338	(1) does not hold a brewer's license in the State of
339	339	Texas;
340	340	(2) operates a brewery located in the United States
341	341	and holds all state and federal permits necessary to operate the
342	342	brewery;
343	343	(3) holds a Texas sales tax permit;
344	344	(4) expressly submits to personal jurisdiction in
345	345	Texas state and federal courts and expressly submits to venue in
346	346	Travis County, Texas, as proper venue for any proceedings that may
347	347	be initiated by or against the commission; and
348	348	(5) does not directly or indirectly have any financial
349	349	interest in a Texas wholesaler or retailer as those terms are used
350	350	in Section 102.01.
351	351	Sec. 63A.04. IDENTIFICATION REQUIREMENTS. (a) All malt
352	352	beverages sold or shipped by the holder of an out-of-state brewery
353	353	direct shipper's license must be in a package that is clearly and
354	354	conspicuously labeled showing that:
355	355	(1) the package contains malt beverages; and
356	356	(2) the package may only be delivered to a person
357	357	described by Subsection (b).
358	358	(b) Malt beverages sold or shipped by a holder of an
359	359	out-of-state brewery direct shipper's license may not be delivered
360	360	to any person other than:
361	361	(1) the person who purchased the malt beverages;
362	362	(2) a recipient designated in advance by the
363	363	purchaser; or
364	364	(3) a person at the delivery address who is 21 years of
365	365	age or older.
366	366	(c) Malt beverages may be delivered only to a person who is
367	367	21 years of age or older and only after the person accepting the
368	368	package:
369	369	(1) presents valid proof of identity and age; and
370	370	(2) personally signs a receipt acknowledging delivery
371	371	of the package.
372	372	Sec. 63A.05. REPORTS AND RECORDKEEPING. (a) The holder of
373	373	an out-of-state brewery direct shipper's license shall maintain
374	374	records of all sales and deliveries made under the license.
375	375	(b) The holder of an out-of-state brewery direct shipper's
376	376	license shall maintain complete sales and delivery records for all
377	377	sales and deliveries made under the license for at least five years
378	378	from the date of sale. These records shall be made available on
379	379	request for inspection by the commission or any other appropriate
380	380	state agency.
381	381	(c) The commission shall establish rules requiring the
382	382	holder of an out-of-state brewery direct shipper's license to
383	383	periodically file reports providing the commission with such
384	384	information as the commission may determine is needed to more
385	385	efficiently and effectively enforce the state laws applicable to
386	386	the license holder.
387	387	Sec. 63A.06. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales
388	388	made by the holder of an out-of-state brewery direct shipper's
389	389	license shall be considered to have been made in the State of Texas
390	390	for delivery in the State of Texas.
391	391	(b) The holder of an out-of-state brewery direct shipper's
392	392	license shall be responsible for paying the following state taxes
393	393	related to sales and deliveries made under this chapter:
394	394	(1) excise taxes on the malt beverages sold, payable
395	395	at the same rate and in the same manner as if the licensee were a
396	396	Texas brewer located in Texas; and
397	397	(2) state sales and use taxes all payable at the same
398	398	rate and in the same manner as if the licensee were a Texas brewer
399	399	located in Texas.
400	400	(c) An ultimate consumer who purchases malt beverages from
401	401	the holder of an out-of-state brewery direct shipper's license
402	402	under this chapter shall be considered to be purchasing the malt
403	403	beverages from a Texas licensee and shall not be charged the
404	404	administrative fee for personal imports set forth in Section
405	405	107.07.
406	406	Sec. 63A.07. RESALE PROHIBITED. A consumer purchasing malt
407	407	beverages from the holder of an out-of-state brewery direct
408	408	shipper's license may not resell the malt beverages, and any such
409	409	malt beverage that is resold is an illicit beverage.
410	410	Sec. 63A.08. DELIVERY AREAS. Malt beverages shipped under
411	411	this chapter may be delivered to persons located in a dry area.
412	412	Sec. 63A.09. LABEL APPROVAL NOT REQUIRED. If the holder of
413	413	an out-of-state brewery direct shipper's license has satisfied all
414	414	federal label approval requirements for a particular brand of malt
415	415	beverages, then no further label approval shall be required by the
416	416	commission.
417	417	Sec. 63A.10. RULES. The commission shall adopt rules and
418	418	forms necessary to implement this chapter.
419	419	Sec. 63A.11. PENALTY FOR SHIPPING WITHOUT LICENSE. Any
420	420	person who does not hold an out-of-state brewery direct shipper's
421	421	license who sells and ships alcohol from outside of Texas to an
422	422	ultimate consumer in Texas commits on first offense a Class B
423	423	misdemeanor, on second offense a Class A misdemeanor, and on third
424	424	offense a state jail felony.
425	425	SECTION 13. Chapter 74, Alcoholic Beverage Code, is amended
426	426	by adding Section 74.12 to read as follows:
427	427	Sec. 74.12. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
428	428	of a brewpub license may ship to an ultimate consumer, including an
429	429	ultimate consumer located in a dry area, malt beverages sold by the
430	430	license holder to the ultimate consumer under Section 74.01(a)(2).
431	431	Delivery must be by the holder of a carrier or consumer delivery
432	432	permit.
433	433	(b) All malt beverages shipped to an ultimate consumer by
434	434	the holder of a brewpub license must be in a package that is clearly
435	435	and conspicuously labeled showing that:
436	436	(1) the package contains malt beverages; and
437	437	(2) the package may be delivered only to a person
438	438	described by Subsection (c).
439	439	(c) Malt beverages shipped by the holder of a brewpub
440	440	license may not be delivered to any person other than:
441	441	(1) the person who purchased the malt beverages;
442	442	(2) a recipient designated in advance by the
443	443	purchaser; or
444	444	(3) a person at the delivery address who is 21 years of
445	445	age or older.
446	446	(d) Malt beverages may be delivered only to a person who is
447	447	21 years of age or older and only after the person accepting the
448	448	package:
449	449	(1) presents valid proof of identity and age; and
450	450	(2) personally signs a receipt acknowledging delivery
451	451	of the package.
452	452	(e) The holder of a brewpub license may not:
453	453	(1) sell or ship malt beverages to a minor; or
454	454	(2) deliver malt beverages to a consumer using a
455	455	carrier that does not hold a carrier's permit or a consumer delivery
456	456	permit under this code.
457	457	SECTION 14. Section 107.05(b), Alcoholic Beverage Code, is
458	458	amended to read as follows:
459	459	(b) This section does not apply to the transportation of
460	460	liquor into the state as authorized by Chapter 54A or Section 107.07
461	461	[of this code].
462	462	SECTION 15. Section 14.05(d), Alcoholic Beverage Code, is
463	463	repealed.
464	464	SECTION 16. This Act takes effect September 1, 2021.