Texas 2025 - 89th Regular

Texas House Bill HB2441 Compare Versions

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

Old	New	Differences
1	1	89R4298 MPF-D
2	2	By: Bucy H.B. No. 2441
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the delivery and direct shipment of malt beverages to
10	10	ultimate consumers; creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 41.01, Alcoholic Beverage Code, is
13	13	amended to read as follows:
14	14	Sec. 41.01. AUTHORIZED ACTIVITIES. (a) The holder of a
15	15	carrier permit may transport malt beverages and liquor into and out
16	16	of this state and between points within the state.
17	17	(b) The holder may transport malt beverages and liquor from
18	18	one wet area to another wet area across a dry area if that course of
19	19	transportation is necessary or convenient.
20	20	(c) The holder of a carrier permit who transports malt
21	21	beverages or liquor to the premises of a wholesaler, including to a
22	22	location from which the wholesaler is temporarily conducting
23	23	business under Section 109.62, shall provide to the consignee a
24	24	shipping invoice that clearly states:
25	25	(1) the name and address of the consignor and
26	26	consignee;
27	27	(2) the origin and destination of the shipment; and
28	28	(3) any other information required by this code or
29	29	commission rule, including the brands, sizes of containers, types,
30	30	and quantities of malt beverages and liquor contained in the
31	31	shipment.
32	32	SECTION 2. Section 41.04, Alcoholic Beverage Code, is
33	33	amended to read as follows:
34	34	Sec. 41.04. REQUIRED INFORMATION. The holder of a carrier
35	35	permit shall furnish information required by the commission
36	36	concerning the transportation of malt beverages and liquor.
37	37	SECTION 3. Section 57.01, Alcoholic Beverage Code, is
38	38	amended to read as follows:
39	39	Sec. 57.01. AUTHORIZED ACTIVITIES. (a) The holder of a
40	40	consumer delivery permit may contract with or employ a driver for
41	41	the delivery of an alcoholic beverage from the premises of the
42	42	holder of a retailer's or manufacturer's permit or license
43	43	described by Subsection (b) to an ultimate consumer located in an
44	44	area where the sale of the beverage is legal.
45	45	(b) An alcoholic beverage may be delivered under this
46	46	section only if the alcoholic beverage is sold or served to the
47	47	ultimate consumer by the holder of a:
48	48	(1) package store permit;
49	49	(2) wine only package store permit;
50	50	(3) wine and beer retailer's permit;
51	51	(4) wine and beer retailer's off-premise permit;
52	52	(5) retail dealer's on-premise license;
53	53	(6) retail dealer's off-premise license;
54	54	(7) mixed beverage permit authorized to deliver
55	55	alcoholic beverages under Section 28.1001; [or]
56	56	(8) private club permit authorized to deliver
57	57	alcoholic beverages under Section 32.155; or
58	58	(9) brewer's license.
59	59	SECTION 4. Section 57.02(b), Alcoholic Beverage Code, is
60	60	amended to read as follows:
61	61	(b) The holder of a consumer delivery permit may make
62	62	deliveries of alcoholic beverages:
63	63	(1) only in response to bona fide orders placed by the
64	64	consumer under Section 57.01; and
65	65	(2) only in areas where the sale of the beverages is
66	66	legal in:
67	67	(A) the county in which the premises of the
68	68	retailer or manufacturer making the sale is located;
69	69	(B) the city or town in which the premises of the
70	70	retailer or manufacturer making the sale is located, if the
71	71	retailer or manufacturer is located in a city or town; or
72	72	(C) an area not further than two miles beyond the
73	73	municipal boundary of the city or town in which the premises of the
74	74	retailer or manufacturer is located, if applicable.
75	75	SECTION 5. Section 57.06(c), Alcoholic Beverage Code, is
76	76	amended to read as follows:
77	77	(c) An alcoholic beverage may be delivered under this
78	78	chapter outside the hours of operation of the retailer or
79	79	manufacturer from which the delivery is being made only if the
80	80	delivery driver:
81	81	(1) receives the beverage from the retailer or
82	82	manufacturer during the retailer's or manufacturer's hours of legal
83	83	sale; and
84	84	(2) completes the delivery to the consumer in a
85	85	reasonable amount of time after leaving the retailer's or
86	86	manufacturer's premises.
87	87	SECTION 6. Section 57.07, Alcoholic Beverage Code, is
88	88	amended to read as follows:
89	89	Sec. 57.07. RETAILER AND MANUFACTURER RESPONSIBILITY. (a)
90	90	A retailer's or manufacturer's responsibilities under this code
91	91	regarding delivery of an alcoholic beverage to an ultimate consumer
92	92	are considered satisfied at the time the retailer or manufacturer
93	93	transfers possession of an alcoholic beverage to the consumer
94	94	delivery permittee or a delivery driver employed by, contracted
95	95	with, or acting on behalf of the holder of a consumer delivery
96	96	permit.
97	97	(b) An action by a consumer delivery permittee or by a
98	98	delivery driver is not attributable to the retailer or manufacturer
99	99	with regard to:
100	100	(1) providing, selling, or serving alcohol to a minor
101	101	or to an intoxicated individual;
102	102	(2) the delivery of alcohol in a dry or otherwise
103	103	illegal area, unless the retailer or manufacturer has contractually
104	104	agreed to retain responsibility for ensuring that deliveries are
105	105	not directed to a dry or otherwise illegal area; or
106	106	(3) any other provision of this code.
107	107	(c) A retailer or manufacturer:
108	108	(1) is not required to verify that the consumer
109	109	delivery permittee or the delivery driver has received delivery
110	110	driver training under Section 57.09(a)(1); and
111	111	(2) may not be held responsible for any reason under
112	112	statutory or common law for the actions of a consumer delivery
113	113	permittee or a delivery driver acting on behalf of a consumer
114	114	delivery permittee.
115	115	SECTION 7. Chapter 62, Alcoholic Beverage Code, is amended
116	116	by adding Section 62.123 to read as follows:
117	117	Sec. 62.123. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
118	118	of a brewer's license may ship to an ultimate consumer, including an
119	119	ultimate consumer located in a dry area, malt beverages sold by the
120	120	license holder to the ultimate consumer under Section 62.122(a)(2).
121	121	Delivery must be by the holder of a carrier or consumer delivery
122	122	permit.
123	123	(b) All malt beverages shipped to an ultimate consumer by
124	124	the holder of a brewer's license must be in a package that is
125	125	clearly and conspicuously labeled showing that:
126	126	(1) the package contains malt beverages; and
127	127	(2) the package may be delivered only to a person
128	128	described by Subsection (c).
129	129	(c) Malt beverages shipped by the holder of a brewer's
130	130	license may not be delivered to any person other than:
131	131	(1) the person who purchased the malt beverages;
132	132	(2) a recipient designated in advance by the
133	133	purchaser; or
134	134	(3) a person at the delivery address who is 21 years of
135	135	age or older.
136	136	(d) Malt beverages may be delivered only to a person who is
137	137	21 years of age or older and only after the person accepting the
138	138	package:
139	139	(1) presents valid proof of identity and age; and
140	140	(2) personally signs a receipt acknowledging delivery
141	141	of the package.
142	142	(e) The holder of a brewer's license may not:
143	143	(1) sell or ship malt beverages to a minor;
144	144	(2) deliver malt beverages to a consumer using a
145	145	carrier that does not hold a carrier permit or a consumer delivery
146	146	permit under this code; or
147	147	(3) deliver to the same consumer in this state more
148	148	than 288 fluid ounces of malt beverages per calendar day.
149	149	SECTION 8. Subtitle B, Title 3, Alcoholic Beverage Code, is
150	150	amended by adding Chapter 63A to read as follows:
151	151	CHAPTER 63A. OUT-OF-STATE BREWERY DIRECT SHIPPER'S LICENSE
152	152	Sec. 63A.01. AUTHORIZED ACTIVITIES. The holder of an
153	153	out-of-state brewery direct shipper's license may sell and deliver
154	154	malt beverages that are produced or bottled by the licensee to an
155	155	ultimate consumer located in the State of Texas. Delivery must be
156	156	by the holder of a carrier permit.
157	157	Sec. 63A.02. PROHIBITED ACTIVITIES. The holder of an
158	158	out-of-state brewery direct shipper's license may not:
159	159	(1) sell or ship malt beverages to a minor;
160	160	(2) deliver malt beverages to a consumer using a
161	161	carrier that does not hold a carrier permit under this code;
162	162	(3) deliver malt beverages to the same consumer on the
163	163	same calendar day in an amount that exceeds the daily authorization
164	164	under Section 62.122(a-1); or
165	165	(4) sell malt beverages to ultimate consumers in this
166	166	state in an annual amount that exceeds the annual authorization
167	167	under Section 62.122(b).
168	168	Sec. 63A.03. QUALIFICATIONS FOR LICENSE. An out-of-state
169	169	brewery direct shipper's license may only be issued to a person who:
170	170	(1) does not hold a brewer's license in the State of
171	171	Texas;
172	172	(2) operates a brewery located in the United States
173	173	and holds all state and federal permits necessary to operate the
174	174	brewery;
175	175	(3) holds a Texas sales tax permit;
176	176	(4) expressly submits to personal jurisdiction in
177	177	Texas state and federal courts and expressly submits to venue in
178	178	Travis County, Texas, as proper venue for any proceedings that may
179	179	be initiated by or against the commission; and
180	180	(5) does not directly or indirectly have any financial
181	181	interest in a Texas wholesaler or retailer as those terms are used
182	182	in Section 102.01.
183	183	Sec. 63A.04. IDENTIFICATION REQUIREMENTS. (a) All malt
184	184	beverages sold or shipped by the holder of an out-of-state brewery
185	185	direct shipper's license must be in a package that is clearly and
186	186	conspicuously labeled showing that:
187	187	(1) the package contains malt beverages; and
188	188	(2) the package may only be delivered to a person
189	189	described by Subsection (b).
190	190	(b) Malt beverages sold or shipped by a holder of an
191	191	out-of-state brewery direct shipper's license may not be delivered
192	192	to any person other than:
193	193	(1) the person who purchased the malt beverages;
194	194	(2) a recipient designated in advance by the
195	195	purchaser; or
196	196	(3) a person at the delivery address who is 21 years of
197	197	age or older.
198	198	(c) Malt beverages may be delivered only to a person who is
199	199	21 years of age or older and only after the person accepting the
200	200	package:
201	201	(1) presents valid proof of identity and age; and
202	202	(2) personally signs a receipt acknowledging delivery
203	203	of the package.
204	204	Sec. 63A.05. REPORTS AND RECORDKEEPING. (a) The holder of
205	205	an out-of-state brewery direct shipper's license shall maintain
206	206	records of all sales and deliveries made under the license.
207	207	(b) The holder of an out-of-state brewery direct shipper's
208	208	license shall maintain complete sales and delivery records for all
209	209	sales and deliveries made under the license for at least five years
210	210	from the date of sale. These records shall be made available on
211	211	request for inspection by the commission or any other appropriate
212	212	state agency.
213	213	(c) The commission shall establish rules requiring the
214	214	holder of an out-of-state brewery direct shipper's license to
215	215	periodically file reports providing the commission with such
216	216	information as the commission may determine is needed to more
217	217	efficiently and effectively enforce the state laws applicable to
218	218	the license holder.
219	219	Sec. 63A.06. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales
220	220	made by the holder of an out-of-state brewery direct shipper's
221	221	license shall be considered to have been made in the State of Texas
222	222	for delivery in the State of Texas.
223	223	(b) The holder of an out-of-state brewery direct shipper's
224	224	license shall be responsible for paying the following state taxes
225	225	related to sales and deliveries made under this chapter:
226	226	(1) excise taxes on the malt beverages sold, payable
227	227	at the same rate and in the same manner as if the licensee were a
228	228	Texas brewer located in Texas; and
229	229	(2) state sales and use taxes all payable at the same
230	230	rate and in the same manner as if the licensee were a Texas brewer
231	231	located in Texas.
232	232	(c) An ultimate consumer who purchases malt beverages from
233	233	the holder of an out-of-state brewery direct shipper's license
234	234	under this chapter shall be considered to be purchasing the malt
235	235	beverages from a Texas licensee and shall not be charged the
236	236	administrative fee for personal imports set forth in Section
237	237	107.07.
238	238	Sec. 63A.07. RESALE PROHIBITED. A consumer purchasing malt
239	239	beverages from the holder of an out-of-state brewery direct
240	240	shipper's license may not resell the malt beverages, and any such
241	241	malt beverage that is resold is an illicit beverage as defined by
242	242	Section 1.04.
243	243	Sec. 63A.08. DELIVERY AREAS. Malt beverages shipped under
244	244	this chapter may be delivered to persons located in a dry area.
245	245	Sec. 63A.09. LABEL APPROVAL NOT REQUIRED. If the holder of
246	246	an out-of-state brewery direct shipper's license has satisfied all
247	247	federal label approval requirements for a particular brand of malt
248	248	beverages, then no further label approval shall be required by the
249	249	commission.
250	250	Sec. 63A.10. RULES. The commission shall adopt rules and
251	251	forms necessary to implement this chapter.
252	252	Sec. 63A.11. PENALTY FOR SHIPPING WITHOUT LICENSE. Any
253	253	person who does not hold an out-of-state brewery direct shipper's
254	254	license who sells and ships alcohol from outside of Texas to an
255	255	ultimate consumer in Texas commits on first offense a Class B
256	256	misdemeanor, on second offense a Class A misdemeanor, and on third
257	257	offense a state jail felony.
258	258	SECTION 9. Chapter 74, Alcoholic Beverage Code, is amended
259	259	by adding Section 74.12 to read as follows:
260	260	Sec. 74.12. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
261	261	of a brewpub license may ship to an ultimate consumer, including an
262	262	ultimate consumer located in a dry area, malt beverages sold by the
263	263	license holder to the ultimate consumer under Section 74.01(a)(2).
264	264	Delivery must be by the holder of a carrier or consumer delivery
265	265	permit.
266	266	(b) All malt beverages shipped to an ultimate consumer by
267	267	the holder of a brewpub license must be in a package that is clearly
268	268	and conspicuously labeled showing that:
269	269	(1) the package contains malt beverages; and
270	270	(2) the package may be delivered only to a person
271	271	described by Subsection (c).
272	272	(c) Malt beverages shipped by the holder of a brewpub
273	273	license may not be delivered to any person other than:
274	274	(1) the person who purchased the malt beverages;
275	275	(2) a recipient designated in advance by the
276	276	purchaser; or
277	277	(3) a person at the delivery address who is 21 years of
278	278	age or older.
279	279	(d) Malt beverages may be delivered only to a person who is
280	280	21 years of age or older and only after the person accepting the
281	281	package:
282	282	(1) presents valid proof of identity and age; and
283	283	(2) personally signs a receipt acknowledging delivery
284	284	of the package.
285	285	(e) The holder of a brewpub license may not:
286	286	(1) sell or ship malt beverages to a minor; or
287	287	(2) deliver malt beverages to a consumer using a
288	288	carrier that does not hold a carrier permit or a consumer delivery
289	289	permit under this code.
290	290	SECTION 10. Section 107.04, Alcoholic Beverage Code, is
291	291	amended to read as follows:
292	292	Sec. 107.04. DELIVERY OF MALT BEVERAGES IN DRY AREA. (a)
293	293	Except as provided by Subsection (b), a [A] common carrier may not
294	294	deliver malt beverages in a dry area unless the malt beverages are
295	295	consigned to a general distributor's licensee who has previously
296	296	stated that the licensee intends to transport the malt beverages to
297	297	a licensed place of business in a wet area. A common carrier who
298	298	transports malt beverages to a distributor in a dry area shall
299	299	comply strictly with this section and Section 107.02.
300	300	(b) A common carrier may deliver malt beverages to an
301	301	ultimate consumer located in a dry area as authorized by Section
302	302	62.123, 63A.08, or 74.12.
303	303	SECTION 11. Section 107.06(c), Alcoholic Beverage Code, is
304	304	amended to read as follows:
305	305	(c) This section does not apply to:
306	306	(1) the importation or transportation of military malt
307	307	beverages consigned to a military installation; or
308	308	(2) [to] the importation of malt beverages as
309	309	authorized under Chapter 63A or Section 107.07.
310	310	SECTION 12. Section 107.07(f), Alcoholic Beverage Code, is
311	311	amended to read as follows:
312	312	(f) Except as provided by Chapter 54 or 63A, any person in
313	313	the business of selling alcoholic beverages in another state or
314	314	country who ships or causes to be shipped any alcoholic beverage
315	315	directly to any Texas resident under this section is in violation of
316	316	this code.
317	317	SECTION 13. Section 74.01(f), Alcoholic Beverage Code, is
318	318	repealed.
319	319	SECTION 14. This Act takes effect September 1, 2025.