OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN \-

Honorable DeweyS. lfalker CountyAttorney mlker County Buntsvllle, Tswa
DearSir:

Your letter of Sept opinion the following **stated** a8follOw8: qu aubgiita for our quote troa your letter

ment Oaapoi H hae **been** esteb lien Internapost exohau@3 osell beer.
a, and the poet is boundary line ader ornot lt would be

slng Opinion No. O-&I&Jaddrassed to Governor Ooke nln which weheld that the poet erohaage at OaapBowls, BrownCounty, adry area, hadthe authority to sell 3.2 bear, under tha iaata and authorltles therain **cltatod.**

'Nepresume that ths post erchanes eetabllshed at the U. 3. mllltdrr poet, known as FXmfny Alien Internmsnt Campof 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 Dsway3. 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 uponvihloh the tax has bean paid and avidanoed by atamps es required bylaw, from anyplace in this State whara the sale, manuraotura, end distribution or eeld baar 1s authorleed bylaw to any other place within this Btata whars the samemay be lawfully menufeotured, sold, ordistributed; 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 maytraverse local option territory ln which the manufacture, sale, anddletrlbution of sold bear Is prohibited. provided, however, thst any such shipGritS must be acoomPenlad **by** awritten statement I furnished andsignad bythe shipper, showing the nema end address of ths aonslgnor end **the** oonsignta, the origin end destination of such shipment, end euoh other lnfornetlon es maybe 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 demandthararor, and ‘meldstatement shall be accepted bysuch officer as Prima racle avidanoa ot the lawful right to transport suoh beer. Thetransportation of beer not eoooapenlad by statement herain required, or failure to exhibit the sane upon lawrul demand, ahell be eviolation of this Aot, and nngbear being transported ln violation horaof shaI1 be nubjeot to aeixuro wlthout warrant. "(b) Possession byany 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 adry area." For the purpose of this opinion, weshall aesuua the thsunitsd 3tstes Governm%nthes aoqulred jurisdiotlon **Or** the srae onv&&ohsaid United States Mllltary Post has baan aetabIi&ad endthe poet exohenga astabliahed thereon has bean IageIIy established undar tha **Aots** of.the **COn#P%S8** andtha ruIas end raguletlons promulgeted by tha proper OffiOlaIs of the Covernmant pursuant thereto.gonorable DeweyS. Walker - Page 3.

Based e.8rdiow8r upon this assumption, we answer your question

Sinae inthe oonfines lt 1s lawful for post exoBan$es, situated wlthof aDnlted 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 belegally transported from any plaoe within this State where the sameinaybe iegelfy menura%ired, sold, or distributed to the post erohange mentioned in your letter, even thugh the route over orhloh same is transported maytraverse dry tsrrltory, provided tho provisions of Artiole 667, supra, are striotly oomplled with. See our Opinlon 20. O-4438.
Yours very truly