THEATTORNEY GENERAL 

OFTEXAS 

November 4, 1964 

Hon. Coke ,R. Stevenson, Jr. 

Administrator, Texas Liquor 

Control Board 

Austin, Texas 

Dear Mr. Stevenson: 

Opinion No. C-345 

Re: Whether a Mexican Consul 

stationed in a city in the 

State of Texas must comply 

with the provisions of the 

Texas Liquor Control Act when 

Importing liquor into the State 

of Texas for use by Consular officials. 

In your request for an opinion, you ask whether a 

Mexican Consul stationed in a city in the State of,Texas must 

comply with the provisions of the Texas Liquor Control Act 

when importing liquor Into the State of Texas for use by Consular officials. 

Although there are several provisions within Artlcle 666, Vernon's Penal Code, pertaining to the Importation 

of alcoholic beverages, it is our opinion that only Section 

8 and Subsection 4 of Section 23(a) are germane to a Mexican 

Consul's Importation of alcoholic beverages for his own use. 

Section 8 provides: 

"It shall be unlawful for military personnel stationed in Texas or any resident of 

the State of Texas to import into this state 

more than one (1) quart of liquor unless he 

Is the holder of a permit as provided in Section 4 (a) hereof. It shall further be unlawful for any non-resident of the State of Texas 

to import Into this state more than one (1) 

gallon of liquor. In addition to the penalties set out in Section 41 of this Act, any 

person violatingany provision of this section 

shall forfeit the liquor so illegally imported 

to the Texas Liquor Control Board. It is further provided that any person importing any 

liquor into this state under the provisions of 

this section shall pay the state tax thereon as 

levied in Section 21, Article I, Texas Liquor 

Control Act, and affix thereto the required 

State Tax Stamps." 

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Hon. Coke R. Stevenson, Jr., Page 2 (C-345) 

Subsection 4 of Section 23(a) provides: 

those who 

ed in the 

tween the 

"It is provided that any military personnel stationed In Texas OP any resident of 

the State of Texas may bring into this state 

not more than one (1) quart of liquor for his 

own personal use; and It is further provided 

that any non;resldent of the State of Texas 

may bring into this state for his own personal 

use not more than one (1) gallon of liquor. 

In addition to the penalties set out in Section 41 of this Act, any person violating any 

provision of this section shall forfeit the 

liquor so illegally imported to the Board. 

It is further provided that any person importing any liquor into this state under the provisions of this section shall pay the state 

tax thereon as levied in Section 41, Article 

I, Texas Liquor Control Act, and affix thereto 

the required State Tax Stamps. . . .' 

While the above provisions would appear to cover all 

might import for personal consumption, they are limitinstant case by existing international treaties. 

Article I, Section 2 of the Consular Convention beUnit+-States of America and Mexico, Treaty Series . - 985, 57 Stat. ouv, provlaes: 

"2. Consular officers of each High Contracting Party shall, after entering upon their 

duties, enjoy reciprocally in the territories 

of the other High Contracting Party all the 

rights, privileges, exemptions and immunities 

which are enjoyed by consular officers of the 

same grade of the most favored nation, there 

being understood bv consular officers Consuls 

General as well as"Consuls and Vice Consuls who 

are not honorary. As official agents, such officers shall be entitled to the high consideration of all officials national or local, with 

whom they have official intercourse in the State 

which receives them." (Emphasis supplied) 

The "most favored nation" clause in a treaty between 

the United States and a particular foreign country may operate 

to confer on, or extend to, the nationals or officials representatives of such country rights, privileges or immunities In 

the United States which are not expressly conferred by such 

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Ron. ~Coke R. Stevenson, Jr., Page 3 (C-345) 

treaty but which are conferred by treaty on the nationals or 

representatives of another foreign country; 87 C.J.S. 936, 

Treaties, Section 12. 

In the Consular Convention between the United States 

of America and Ireland, T.I.A.S. 2984, 5 U.S.Treatles 949, Article 14 provides: 

"(1) All furniture, equipment, supplies, 

building materials and other articles, including vehicles, marine vessels and aircraft, int,ended for official use in the territory in 

connection with any of the purposes specified 

In paragraph (1) of Article 7 shall be permitted entry into the territory free of all taxes 

or duties imposed upon, or by reason of, lmportation. 

"(2) Baggage and effects and other artlcles, including vehicles, marine vessels and 

aircraft, Imported into the territory by a,consular officer or employee, provided that he 

fulfils sic) the conditions specified in paragraph (4 I of Article 13, excllmlvely for his 

personal use ,and the use of members of his 

family forming part of his household, shall be 

exempt from all taxes or duties, national, 

state, provincial, municipal, or other, imposed 

upon, or by reason of, Importation, whether accompanying him to his consular post, either upon first arrival or upon subsequent arrivals, 

or subsequently consigned to him at his post 

and imported at any time while he Is assigned 

to or employed at such post. 

"(3) It is, however, understood that 

(a) the receiving state may, as a 

condition to the granting of the exemption provided in this Article, require that a notlficatlon of any importation be given in such manner 

as it may prescribe; 

(b) the exemption provided In this 

Article, being in respect of articles Imported 

for official or personal use only, does not extend, inter alia; to articles imported as an 

accommsoz others or for sale or for other 

commercial purposes. However, articles imported 

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Hon. Coke R. Stevenson, Jr., Page 4 (C-345) 

as samples of commercial products solely for 

display within a consulate, shall not be regarded as excluded from the exemption provided 

in this Article; 

(c) the receiving state may determine that the exemption provided by this Article does n,ot apply In respect of articles grown, 

produced or manufactured in the territory which 

have been exported therefrom without payment of, 

or upon repayment of, taxes or duties, which 

would have been chargeable but for such exportat Ion; 

(d) nothing herein shall be construed to permit the entry Into the territory of 

any article the importation of which is specifically prohibited by law. 

"(4) Articles the importation of which 

into the territory is subject to quantitative 

restriction may be imported by a consular officer or employee over and above any quota or 

other quantitative limit applicable at the same 

times and on the same conditions as would have 

entitled them, had they been liable for any taxes 

or duties Imposed upon, or by reason of, importation, to exemption therefrom under the foregoing 

provisions of this Article." 

By means of the most favored nation clause'ln the 

United States--Mexico Treaty, the above privileges and immunities, with regard to taxes and quantitative limits in the 

Irish Treaty, are also granted to Mexico. We hold, therefore, 

that a Mexican Consul stationed in Texas is not controlled by 

the importation restrictions In the Liquor Control Act with 

regard to Importing liquor for use by the Consular officers. 

In light of Article 14, Section 3(a) of the Irish 

Treaty above, however, It does not appear unreasonable to require the Mexican Consulate to give notification of imports 

to the Texas Liquor Control Board. 

SUMMARY 

A Mexican Consul stationed in a city in 

the State of Texas need not comply with the 

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Hon. Coke R. Stevenson, Jr., Page 5 (C-345) 

provisions of the Texas Liquor Control Act 

when Importing liquor Into the State of Texas 

for use by Consular officials. 

Respectfully submitted, 

WAGGONER CARR 

Attorney General of Texas 

torney General 

BSC/lh 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Pat Bailey 

Wayne Rodgers 

Charles Swanner 

Robert Norris 

APPROVED FOR THE ATTORNFiY GENERAL 

BY: Roger Tyler 

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