CHAPTER 107. TRANSPORTATION AND IMPORTATION
ALCOHOLIC BEVERAGE CODE
TITLE 4. REGULATORY AND PENAL PROVISIONS
CHAPTER 107. TRANSPORTATION AND IMPORTATION
Sec. 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, Sec. 1, eff. Sept. 1,
1977.
Sec. 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, Sec. 1, eff. Sept. 1,
1977.
Sec. 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, Sec. 1, eff. Sept. 1,
1977.
Sec. 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, Sec. 1, eff. Sept. 1,
1977.
Sec. 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, Sec. 1, eff. Sept. 1,
1977.
Sec. 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, Sec. 1, eff. Sept. 1,
1977.
Sec. 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, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1981, 67th Leg., p. 258, ch. 107, Sec. 14,
eff. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2212, ch. 515, Sec.
2, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 285, Sec. 12,
eff. Sept. 1, 1986; Acts 1985, 69th Leg., ch. 462, Sec. 13, eff.
Sept. 1, 1986; Acts 1986, 69th Leg., 3rd C.S., ch. 9, Sec. 1,
eff. Sept. 30, 1986; Acts 1987, 70th Leg., ch. 495, Sec. 2, eff.
Aug. 31, 1987; Acts 1995, 74th Leg., ch. 135, Sec. 1, eff. Aug.
28, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
36, Sec. 3, eff. May 9, 2005.
Acts 2005, 79th Leg., Ch.
792, Sec. 1, eff. September 1, 2005.
Sec. 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, Sec. 1, eff. Sept. 1,
1977.
Sec. 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, Sec. 83, eff. Sept. 1,
1993.
Sec. 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, Sec. 83, eff. Sept. 1,
1993.
Sec. 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, Sec. 83, eff. Sept. 1,
1993.
Sec. 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, Sec. 3.01, eff. Sept. 1,
2001.