OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN \- 

Honorable Dewey S. lfalker 

County Attorney 

mlker County 

Buntsvllle, Tswa 

Dear Sir: 

Your letter of Sept 

opinion the following stated 

a8 follOw8: 

qu 

aubgiita for our 

quote troa your letter 

ment Oaap oi H 

hae been esteb 

lien Interna post exohau@3 

o sell beer. 

a, and the poet is 

boundary line ader or not lt would be 

slng Opinion No. O-&I&J addrassed to 

Governor Ooke n ln which we held that the poet erohaage 

at Oaap Bowls, Brown County, a dry area, had the authority to 

sell 3.2 bear, under tha iaata and authorltles therain cltatod. 

'Ne presume that ths post erchanes eetabllshed at the 

U. 3. mllltdrr poet, known as FXmfny Alien Internmsnt Camp of 

Huntsville, Texans, nas establlrhad under proper mllltary authority and iron the dleousaloa and author%tirs in the attaohsd 

opinion would hate the right to sell 3.2 beer. 
Bonorable Dsway 3. Walker - Page 2. 

Artlola 667, Vernon’s Annotated Yanal Code, Saotlon 

;;~~Iwith tha aubjeot of transportation of bear, provides a 

a(a) It 1s heroby dealered to be lawful to 

transport beer, ae herein defined, end upon vihloh 

the tax has bean paid and avidanoed by atamps es 

required by law, from any place in this State whara 

the sale, manuraotura, end distribution or eeld baar 

1s authorleed by law to any other place within this 

Btata whars the same may be lawfully menufeotured, 

sold, or distributed; and from the State boundary 

to any such plaoa, evan though In the 001~313 of suah 

trensportetlon the route over which the eeme is balng 

transported may traverse local option territory ln 

which the manufacture, sale, and dletrlbution of sold 

bear Is prohibited. provided, however, thst any such 

shipGritS must be acoomPenlad by a written statement I furnished and signad by the shipper, showing the nema 

end address of ths aonslgnor end the oonsignta, the 

origin end destination of such shipment, end euoh 

other lnfornetlon es may be required by t4e Board 

or Admlnlstrator; end it shall be the duty of the 

person in oharge of such cargo whils it is being so 

transported to exhibit suoh written statement to 

any repr6santatlve of the Board or any peaoe offloar 

making demand thararor, and ‘meld statement shall be 

accepted by such officer as Prima racle avidanoa ot 

the lawful right to transport suoh beer. The transportation of beer not eoooapenlad by statement herain required, or failure to exhibit the sane upon 

lawrul demand, ahell be e violation of this Aot, and 

nng bear being transported ln violation horaof shaI1 

be nubjeot to aeixuro wlthout warrant. 

"(b) Possession by any parson in any.drp araa 

of beer In any quantity axoeading twant -four (24) 

bottles having a capeolty of twaITa.(I2 J 0~~0411 aaoh 

shall be prime raole avldanoa of possession for the 

pUrpOSe of sale in a dry area." 

For the purpose of this opinion, we shall aesuua the 

ths unitsd 3tstes Governm%nt hes aoqulred jurisdiotlon Or the 

srae on v&&oh said United States Mllltary Post has baan aetabIi&ad end the poet exohenga astabliahed thereon has bean 

IageIIy established undar tha Aots of. the COn#P%S8 and tha 

ruIas end raguletlons promulgeted by tha proper OffiOlaIs of 

the Covernmant pursuant thereto. 
gonorable Dewey S. Walker - Page 3. 

Based 

e.8 rdiow8r 

upon this assumption, we answer your question 

Sinae 

in the oonfines 

lt 1s lawful for post exoBan$es, situated wlthof a Dnlted States Military Fost over whioh the 

united States Government has aoquired jurlsdlotion, to sell 3.2 

beer, or beer of less alcoholic content, we think suoh beer may 

be legally transported from any plaoe within this State where 

the same inay be iegelfy menura%ired, sold, or distributed to 

the post erohange mentioned in your letter, even thugh the 

route over orhloh same is transported may traverse dry tsrrltory, provided tho provisions of Artiole 667, supra, are striotly oomplled with. See our Opinlon 20. O-4438. 

Yours very truly