2005 Texas Alcoholic Beverage Code CHAPTER 107. TRANSPORTATION AND IMPORTATION

ALCOHOLIC BEVERAGE CODE

CHAPTER 107. TRANSPORTATION AND IMPORTATION


	§ 107.01. TRANSPORTATION OF LIQUOR:  STATEMENT 
REQUIRED.  (a) No person may transport liquor into this state or on 
a public highway, street, or alley in this state unless the person 
accompanying or in charge of the shipment has with him, available 
for exhibition and inspection, a written statement furnished and 
signed by the shipper showing the name and address of the consignor 
and the consignee, the origin and destination of the shipment, and 
any other information required by rule or regulation of the 
commission.
	(b)  The person in charge of the shipment while it is being 
transported shall exhibit the statement to the commission, an 
authorized representative of the commission, or a peace officer on 
demand, and it is a violation of this code to fail or refuse to do 
so.  The representative or officer shall accept the written 
statement as prima facie evidence of the legal right to transport 
the liquor.

Acts 1977, 65th Leg., p. 516, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 107.02. TRANSPORTATION OF BEER:  STATEMENT 
REQUIRED.  (a) It is lawful for a person to transport beer from any 
place where its sale, manufacture, or distribution is authorized to 
another place in the state where its sale, manufacture, or 
distribution is authorized, or from the state boundary to a place 
where its sale, manufacture, or distribution is authorized, even 
though the route of transportation may cross a dry area.
	(b)  A shipment of beer must be accompanied by a written 
statement furnished and signed by the shipper showing:
		(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 the commission 
or administrator.     
	(c)  The person in charge of the shipment while it is being 
transported shall exhibit the written statement to any 
representative of the commission or peace officer who demands to 
see it.  The statement shall be accepted by the representative or 
peace officer as prima facie evidence of the legal right to 
transport the beer.
	(d)  A person who transports beer not accompanied by the 
required statement, or who fails to exhibit the statement after a 
lawful demand, violates this code.

Acts 1977, 65th Leg., p. 517, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 107.03. DELIVERY OF LIQUOR IN DRY AREA.  No carrier may 
transport and deliver liquor to a person in a dry area in this state 
except for a purpose authorized by this code.

Acts 1977, 65th Leg., p. 517, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 107.04. DELIVERY OF BEER IN DRY AREA.  A common carrier 
may not deliver beer in a dry area unless it is consigned to a local 
or general distributor's licensee who has previously stated that he 
intends to transport it to a licensed place of business in a wet 
area.  A common carrier who transports beer to a distributor in a 
dry area shall comply strictly with this section and Section 107.02 
of this code.

Acts 1977, 65th Leg., p. 517, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 107.05. IMPORTATION OF LIQUOR.  (a) No person may 
import liquor into the state and deliver it to a person not 
authorized to import it.
	(b)  This section does not apply to the transportation of 
liquor into the state as authorized by Section 107.07 of this code.

Acts 1977, 65th Leg., p. 517, ch. 194, § 1, eff. Sept. 1, 1977.            

Validity                                                                      

Subsection (a) of this section has been declared unconstitutional 
by Dickerson v. Bailey, 336 F.3d 388.


	§ 107.06. IMPORTATION OF BEER.  (a) No person may import 
beer into the state except the holder of a manufacturer's or 
general, local, or branch distributor's license.
	(b)  No person may transport beer into this state unless it 
is consigned and delivered to one of the licensees named in 
Subsection (a) of this section.
	(c)  This section does not apply to the importation or 
transportation of military beer consigned to a military 
installation or to the importation of beer as authorized under 
Section 107.07 of this code.

Acts 1977, 65th Leg., p. 517, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 107.07. IMPORTATION FOR PERSONAL USE;  IMPORTATION BY 
RAILROAD COMPANIES.  (a) A Texas resident may import not more than 
one quart of liquor for his own personal use without being required 
to hold a permit.  A Texas resident may import for his own personal 
use not more than three gallons of wine without being required to 
hold a permit.  A nonresident of Texas may import not more than a 
gallon of liquor for his own personal use without being required to 
hold a permit.  A person importing liquor into the state under this 
subsection must pay the state tax on liquor and an administrative 
fee of 50 cents and must affix the required tax stamps.  No minor and 
no intoxicated person may import any liquor into the state.  A 
person importing wine or liquor under this subsection must 
personally accompany the wine or liquor as it enters the state.  A 
person may not avail himself of the exemptions set forth in this 
subsection more than once every thirty days.
	(b)  A person may import beer into this state for his own 
personal use without being required to hold a license, but may not 
import more than 24 twelve-ounce bottles or an equivalent quantity 
in any one thirty-day period.  He must pay the state tax on beer and 
an administrative fee of 50 cents.
	(c)  A member of the armed forces stationed in Texas is 
treated as a Texas resident for the purposes of Subsections (a) and 
(b) of this section.
	(d)  A railroad company operating in this state may import 
beer owned by the company in quantities necessary to meet the needs 
of its passengers, but it may not sell or serve beer in a dry area.
	(e)  The administrative fees collected under this section 
shall be used by the commission for the administrative costs of 
enforcing the requirements of Subsections (a) and (b) of this 
section.
	(f)  Except as provided by Chapter 54, any person in the 
business of selling alcoholic beverages in another state or country 
who ships or causes to be shipped any alcoholic beverage directly to 
any Texas resident under this section is in violation of this code.
	(g)  In computing the total amount of taxes and 
administrative fees to be collected on alcoholic beverages imported 
by a person into the state for personal use, the commission may 
round the amount up to the nearest quarter of a dollar.

Acts 1977, 65th Leg., p. 518, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1981, 67th Leg., p. 258, ch. 107, § 14, eff. 
Sept. 1, 1981;  Acts 1981, 67th Leg., p. 2212, ch. 515, § 2, eff. 
Aug. 31, 1981;  Acts 1985, 69th Leg., ch. 285, § 12, eff. Sept. 1, 
1986;  Acts 1985, 69th Leg., ch. 462, § 13, eff. Sept. 1, 1986;  
Acts 1986, 69th Leg., 3rd C.S., ch. 9, § 1, eff. Sept. 30, 1986;  
Acts 1987, 70th Leg., ch. 495, § 2, eff. Aug. 31, 1987;  Acts 
1995, 74th Leg., ch. 135, § 1, eff. Aug. 28, 1995;  Acts 2005, 
79th Leg., ch. 36, § 3, eff. May 9, 2005;  Acts 2005, 79th Leg., 
ch. 792, § 1, eff. Sept. 1, 2005.

Validity                                                                      

Subsections (a) and (f) of this section have been declared 
unconstitutional by Dickerson v. Bailey, 336 F.3d. 388.


	§ 107.08. TRANSPORTATION OF BEVERAGES FOR PERSONAL 
CONSUMPTION.  A person who purchases an alcoholic beverage for his 
own consumption may transport it from a place where its sale is 
legal to a place where its possession is legal without holding a 
license or permit.

Acts 1977, 65th Leg., p. 518, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 107.09. SINGLE INVOICE AUTHORIZED.  If the holder of a 
general, local, or branch distributor's license also holds a 
wholesaler's, general class B wholesaler's, or local class B 
wholesaler's permit, a written statement or invoice required as 
evidence of the sale of beer or liquor may be on the same business 
form that is designed to reflect the sale of both liquor and beer, 
if all information required by this code to be shown on a statement 
or invoice is reflected on the form and all other records required 
by this code are maintained.

Added by Acts 1993, 73rd Leg., ch. 934, § 83, eff. Sept. 1, 1993.          


	§ 107.10. TRANSPORTATION OF WINE COOLERS OR SPIRIT 
COOLERS.  (a) A holder of a wholesaler's, general class B 
wholesaler's, or local class B wholesaler's permit may transport 
and sell wine coolers without a prior order if the holder complies 
with the provisions of this code and rules of the commission 
applicable to the transportation and sale of beer by a holder of a 
distributor's license.
	(b)  A holder of a wholesaler's permit may transport and sell 
spirit coolers without a prior order if the holder complies with the 
provisions of this code and rules of the commission applicable to 
the transportation and sale of beer by a holder of a distributor's 
license.

Added by Acts 1993, 73rd Leg., ch. 934, § 83, eff. Sept. 1, 1993.          


	§ 107.11. IMPORTATION OF PERSONAL WINE COLLECTION.  (a) A 
person who is relocating a household may import, or contract with a 
motor carrier or another person to import, a personal wine 
collection as a part of that person's household goods.
	(b)  Section 107.07 of this code does not apply to a person 
who is importing a personal wine collection under Subsection (a) of 
this section.

Added by Acts 1993, 73rd Leg., ch. 934, § 83, eff. Sept. 1, 1993.          


	§ 107.12. DIRECT SHIPMENT OF WINE.  Notwithstanding 
Section 107.07, a person who purchases wine while at a winery 
located in this state may ship or cause to be shipped the wine to the 
person's residence if the winery verifies that the person 
purchasing the wine is 21 years of age or older.  The person must be 
present when the wine is delivered to the person's residence.

Added by Acts 2001, 77th Leg., ch. 1001, § 3.01, eff. Sept. 1, 
2001.