Texas 2023 - 88th Regular

Texas Senate Bill SB752

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the delivery and direct shipment of certain alcoholic beverages to ultimate consumers; creating criminal offenses.

Impact

The implementation of SB752 signifies a notable shift in Texas's alcoholic beverage delivery regulations, potentially increasing competition within the state’s alcohol market. By permitting direct shipment, the bill is expected to provide consumers with greater access to various alcoholic products, which has been a growing demand, especially among younger buyers and enthusiasts of craft beverages. Furthermore, the bill includes provisions for recordkeeping and tax responsibilities for out-of-state distillers, ensuring they adhere to Texas laws regarding sales and delivery, which may also enhance state revenue through taxes tied to these sales.

Summary

Senate Bill 752, introduced by Senator Flores, amends the Texas Alcoholic Beverage Code to establish a regulatory framework for the delivery and direct shipment of certain alcoholic beverages, specifically distilled spirits and malt beverages, to ultimate consumers. This bill allows licensed distillers and breweries, including those from out-of-state, to ship products directly to consumers, including those in dry areas. It mandates that all deliveries must be conducted by licensed carriers and that packages must be clearly labeled to indicate they contain alcoholic beverages. Importantly, the bill also sets forth restrictions preventing shipments to minors and requires age verification upon delivery.

Sentiment

General sentiment around SB752 appears to be cautiously optimistic among supporters, particularly those in the alcohol industry and consumer advocacy groups who view this as a modernization of Texas alcohol laws that embraces e-commerce trends. However, there are concerns regarding potential increases in underage access to alcohol and the effectiveness of the implemented age verification requirements. Critics argue that the ability to receive shipments could make it easier for minors to obtain alcohol, leading to requests for stricter enforcement mechanisms.

Contention

Notable contentions surrounding SB752 include debates over the balance of state control versus local regulations on alcohol distribution. Some local legislators and community advocates have expressed anxiety about the implications of allowing out-of-state entities to ship alcohol directly to consumers, fearing it undermines local business and could complicate regulatory oversight. Moreover, the comprehensive labeling and safety measures expected from carriers incur additional operational burdens that may affect compliance, especially for smaller businesses navigating the new regulatory landscape.

Texas Constitutional Statutes Affected

Alcoholic Beverage Code

  • Chapter 74. Brewpub License
    • Section: New Section
  • Chapter 14. Distiller's And Rectifier's Permit
    • Section: New Section

Companion Bills

TX HB2003

Identical Relating to the delivery and direct shipment of certain alcoholic beverages to ultimate consumers; creating criminal offenses.

Previously Filed As

TX HB2003

Relating to the delivery and direct shipment of certain alcoholic beverages to ultimate consumers; creating criminal offenses.

TX SB757

Relating to the delivery and direct shipment of certain alcoholic beverages to ultimate consumers; creating criminal offenses.

TX SB246

Relating to the delivery and direct shipment of certain alcoholic beverages to ultimate consumers; creating criminal offenses.

TX HB2291

Relating to the direct shipment of certain alcoholic beverages to ultimate consumers; authorizing a fee; creating a criminal offense.

Similar Bills

TX HB2003

Relating to the delivery and direct shipment of certain alcoholic beverages to ultimate consumers; creating criminal offenses.

TX SB246

Relating to the delivery and direct shipment of certain alcoholic beverages to ultimate consumers; creating criminal offenses.

TX SB757

Relating to the delivery and direct shipment of certain alcoholic beverages to ultimate consumers; creating criminal offenses.

IL SB3358

LIQUOR-DISTILLERY SHIPPER

IL HB3694

LIQUOR-DISTILLERIES

IL SB1618

LIQUOR-DISTILLERIES

ME LD1754

An Act to Provide for the Direct Shipment of Spirits to Consumers

MS HB622

Alcoholic beverages; allow direct sales and shipments of certain and revise certain provisions regarding package retailer's permits.