reglab/housing_qa huggingface dataset:
TX Alco Bev Code § 54.06 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 54 - Out-of-State Winery Direct Shipper's Permit|Section 54.06. Reports and Recordkeeping

Sec. 54.06.  REPORTS AND RECORDKEEPING.  (a)  The holder of an out-of-state winery direct shipper's permit shall maintain records of all sales and deliveries made under the permit.(b)  The holder of an out-of-state winery direct shipper's permit shall maintain complete sales and delivery records for all sales and deliveries made under the permit for at least five years from the date of sale.  These records shall be made available upon request for inspection by the commission or any other appropriate state agency.(c)  The commission shall establish rules requiring the holder of an out-of-state winery direct shipper's permit to periodically file reports providing the commission with such information as the commission may determine is needed to more efficiently and effectively enforce the state laws applicable to the permit holder.|Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 2, eff. May 9, 2005.|
TX Alco Bev Code § 54.07 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 54 - Out-of-State Winery Direct Shipper's Permit|Section 54.07. Liability for and Payment of Taxes

Sec. 54.07.  LIABILITY FOR AND PAYMENT OF TAXES.  (a)  Sales made by the holder of an out-of-state winery direct shipper's permit shall be deemed to have been made in the State of Texas for delivery in the State of Texas.(b)  The holder of an out-of-state winery direct shipper's permit shall be responsible for paying the following state taxes related to sales and deliveries made under this chapter:(1)  excise taxes on the wine sold, payable at the same rate and in the same manner as if the permittee were a Texas winery located in Texas; and(2)  state sales and use taxes all payable at the same rate and in the same manner as if the permittee were a Texas winery located in Texas.(c)  An ultimate consumer who purchases wine from the holder of an out-of-state winery direct shipper's permit under this chapter shall be considered to be purchasing the wine from a Texas permittee and shall not be charged the administrative fee for personal imports set forth in Section 107.07.|Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 2, eff. May 9, 2005.|
TX Alco Bev Code § 54.08 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 54 - Out-of-State Winery Direct Shipper's Permit|Section 54.08. Resale Prohibited

Sec. 54.08.  RESALE PROHIBITED.  A consumer purchasing wine from the holder of an out-of-state winery direct shipper's permit may not resell the wine, and any such wine that is resold is an illicit beverage as defined in Section 1.04(4).|Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 2, eff. May 9, 2005.|
TX Alco Bev Code § 54.09 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 54 - Out-of-State Winery Direct Shipper's Permit|Section 54.09. Delivery Areas

Sec. 54.09.  DELIVERY AREAS.  Wine shipped under this chapter may be delivered to persons located in a dry area.|Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 2, eff. May 9, 2005.|
TX Alco Bev Code § 54.10 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 54 - Out-of-State Winery Direct Shipper's Permit|Section 54.10. Wine Label Approval Not Required

Sec. 54.10.  WINE LABEL APPROVAL NOT REQUIRED.  If the holder of an out-of-state winery direct shipper's permit has satisfied all federal label approval requirements for a particular brand of wine, then no further label approval shall be required by the commission.|Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 2, eff. May 9, 2005.|
TX Alco Bev Code § 54.11 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 54 - Out-of-State Winery Direct Shipper's Permit|Section 54.11. Rules

Sec. 54.11.  RULES.  The commission shall adopt rules and forms necessary to implement this chapter.|Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 2, eff. May 9, 2005.|
TX Alco Bev Code § 54.12 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 54 - Out-of-State Winery Direct Shipper's Permit|Section 54.12. Penalty for Shipping Without a Permit

Sec. 54.12.  PENALTY FOR SHIPPING WITHOUT A PERMIT.  Any person who does not hold an out-of-state winery direct shipper's permit who sells and ships alcohol from outside of Texas to an ultimate consumer in Texas commits on first offense a Class B misdemeanor, on second offense a Class A misdemeanor, and on third offense a state jail felony.|Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 2, eff. May 9, 2005.|
TX Alco Bev Code § 55.01 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 55 - Manufacturer's Agent's Warehousing Permit|Section 55.01. Authorized Activities

Sec. 55.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a manufacturer's agent's warehousing permit may:(1)  receive malt beverages from the holder of a nonresident brewer's license and store the alcoholic beverages on the permitted premises;(2)  ship, cause to be shipped, sell, and otherwise transfer the malt beverages to licensed distributors in this state and to persons outside this state who are qualified to receive the malt beverages under the regulatory laws of the state or other jurisdiction in which the malt beverages are received; and(3)  return malt beverages to the brewer from which they were originally received.(b)  The holder of a manufacturer's agent's warehousing permit may ship only to distributors in this state who have been issued a territorial designation by the actual brewer of the brand or brands to be shipped.  This territorial designation for the sale of malt beverages must be under and a part of the agreement entered into between the actual brewer of the brand and the distributor under Subchapters C and D, Chapter 102.  This chapter does not affect the requirement that the actual brewer, and the agreement between the actual brewer and the distributor, comply with Subchapters C and D, Chapter 102.(c)  Malt beverages received at premises permitted under this chapter that are not labeled and approved for sale in this state may be held and stored at the premises and may be shipped from the premises if the malt beverages are consigned and transported to qualified persons in other states or jurisdictions where their sale is legal.(d)  The provisions of this code related to the residency of an applicant for a permit do not apply to a permit under this chapter.|Added by Acts 2007, 80th Leg., R.S., Ch. 247 (H.B. 2727), Sec. 1, eff. September 1, 2007.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 157, eff. September 1, 2021.|
TX Alco Bev Code § 55.03 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 55 - Manufacturer's Agent's Warehousing Permit|Section 55.03. Eligibility for Permit

Sec. 55.03.  ELIGIBILITY FOR PERMIT.  A manufacturer's agent's warehousing permit may be issued to an entity:(1)  that receives malt beverages from another entity, or that other entity's immediate successor in interest, that:(A)  is located and chartered in the United Mexican States;(B)  has held, for the two years preceding the date of the application:(i)  a nonresident manufacturer's license, nonresident brewer's permit, and a nonresident seller's permit;(ii)  a nonresident brewer's license and a nonresident seller's permit; or(iii)  a combination of Subparagraph (i) and Subparagraph (ii); and(C)  during each of those two years has shipped or caused to be shipped into this state for ultimate sale to qualified distributors and wholesalers in this state at least one-half million barrels of malt beverages of the various brands manufactured or brewed by the entity; and(2)  whose employees, located in this state or elsewhere, perform the activities authorized under Chapters 36 and 73 on behalf of the entity.|Added by Acts 2007, 80th Leg., R.S., Ch. 247 (H.B. 2727), Sec. 1, eff. September 1, 2007.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 129 (S.B. 350), Sec. 1, eff. September 1, 2013.Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 158, eff. September 1, 2021.|
TX Alco Bev Code § 55.04 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 55 - Manufacturer's Agent's Warehousing Permit|Section 55.04. Location of Premises

Sec. 55.04.  LOCATION OF PREMISES.  The premises of a permit holder under this chapter must be located in an area that is wet for the sale of malt beverages.|Added by Acts 2007, 80th Leg., R.S., Ch. 247 (H.B. 2727), Sec. 1, eff. September 1, 2007.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 159, eff. September 1, 2021.|
TX Alco Bev Code § 55.05 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 55 - Manufacturer's Agent's Warehousing Permit|Section 55.05. Reporting Requirements

Sec. 55.05.  REPORTING REQUIREMENTS.  The commission shall require monthly reports from a permit holder under this chapter showing the brands, types, sizes of containers, and quantities of malt beverages received at and shipped from the premises to persons authorized to receive them.  The reports must conform in all respects to the requirements and forms prescribed by the commission and contain any other information required by the commission.|Added by Acts 2007, 80th Leg., R.S., Ch. 247 (H.B. 2727), Sec. 1, eff. September 1, 2007.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 160, eff. September 1, 2021.|
TX Alco Bev Code § 56.01 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 56 - Water Park Permit|Section 56.01. Authorized Activities

Sec. 56.01.  AUTHORIZED ACTIVITIES.  Notwithstanding any other provision of this code, the holder of two or more water park permits may deliver alcoholic beverages from any premises for which one of those permits has been issued to any other premises for which one of those permits has been issued.|Added by Acts 2017, 85th Leg., R.S., Ch. 32 (S.B. 1176), Sec. 1, eff. May 18, 2017.|
TX Alco Bev Code § 56.02 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 56 - Water Park Permit|Section 56.02. Qualifications for Permit; Eligible Premises

Sec. 56.02.  QUALIFICATIONS FOR PERMIT; ELIGIBLE PREMISES.  (a)  A water park permit may be issued only to a person who:(1)  holds a wine and malt beverage retailer's permit under Chapter 25; and(2)  operates a public venue that:(A)  involves waterslides, food service, music, and amusement activities; and(B)  is located primarily along the banks of the Comal River.(b)  A person described by Subsection (a) may be issued water park permits for not more than five premises:(1)  for which wine and malt beverage retailer's permits have been issued under Chapter 25; and(2)  that are located:(A)  in the public venue described in Subsection (a)(2); or(B)  not more than one mile from the boundary of that venue.|Added by Acts 2017, 85th Leg., R.S., Ch. 32 (S.B. 1176), Sec. 1, eff. May 18, 2017.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 161, eff. September 1, 2021.|
TX Alco Bev Code § 56.04 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 56 - Water Park Permit|Section 56.04. Applicability of Other Law

Sec. 56.04.  APPLICABILITY OF OTHER LAW.  Except as otherwise provided in this chapter, the provisions of this code applicable to a wine and malt beverage retailer's permit apply to a water park permit.|Added by Acts 2017, 85th Leg., R.S., Ch. 32 (S.B. 1176), Sec. 1, eff. May 18, 2017.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 162, eff. September 1, 2021.|
TX Alco Bev Code § 57.01 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 57 - Consumer Delivery Permit|Section 57.01. Authorized Activities

Sec. 57.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a consumer delivery permit may contract with or employ a driver for the delivery of an alcoholic beverage from the premises of the holder of a retailer's permit described by Subsection (b) to an ultimate consumer located in an area where the sale of the beverage is legal.(b)  An alcoholic beverage may be delivered under this section only if the alcoholic beverage is sold or served to the ultimate consumer by the holder of a:(1)  package store permit;(2)  wine only package store permit;(3)  wine and beer retailer's permit;(4)  wine and beer retailer's off-premise permit;(5)  retail dealer's on-premise license;(6)  retail dealer's off-premise license;(7)  mixed beverage permit authorized to deliver alcoholic beverages under Section 28.1001; or(8)  private club permit authorized to deliver alcoholic beverages under Section 32.155.|Added by Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 3, eff. September 1, 2019.Amended by: Acts 2021, 87th Leg., R.S., Ch. 6 (H.B. 1024), Sec. 7, eff. May 12, 2021.|
TX Alco Bev Code § 57.02 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 57 - Consumer Delivery Permit|Section 57.02. Determination of Delivery Area

Sec. 57.02.  DETERMINATION OF DELIVERY AREA.  (a)  In determining whether the sale of an alcoholic beverage is legal in an area for purposes of Section 57.01, a person who sells or delivers an alcoholic beverage under that section may consult a map or other publicly available information produced by the commission for the purpose of establishing where the sale of alcoholic beverages is legal.(b)  The holder of a consumer delivery permit may make deliveries of alcoholic beverages:(1)  only in response to bona fide orders placed by the consumer under Section 57.01; and (2)  only in areas where the sale of the beverages is legal in:(A)  the county in which the premises of the retailer making the sale is located;(B)  the city or town in which the premises of the retailer making the sale is located, if the retailer is located in a city or town; or(C)  an area not further than two miles beyond the municipal boundary of the city or town in which the premises of the retailer is located, if applicable.(c)  It is a defense to a prosecution alleging that an individual delivered an alcoholic beverage under this chapter to an address located in an area that is dry for the type of beverage delivered that:(1)  the individual or the holder of a consumer delivery permit relied on publicly available information produced by the commission relating to the wet or dry classification of the address; and (2)  the information indicated that the address to which the beverage was delivered was classified as wet for the type of beverage delivered on the date of the delivery.|Added by Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 3, eff. September 1, 2019.|
TX Alco Bev Code § 57.03 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 57 - Consumer Delivery Permit|Section 57.03. Fee

Sec. 57.03.  FEE.  The commission by rule shall establish the annual state fee for a consumer delivery permit.|Added by Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 3, eff. September 1, 2019.|
TX Alco Bev Code § 57.04 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 57 - Consumer Delivery Permit|Section 57.04. Eligibility for Permit

Sec. 57.04.  ELIGIBILITY FOR PERMIT.  A consumer delivery permit may be issued to:(1)  a person who contracts with or employs individuals for the delivery of retail goods to consumers, other than the holder of a permit or license in the manufacturing or wholesale tier of the alcoholic beverage industry; or(2)  the holder of a permit or license described by Section 57.01(b).|Added by Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 3, eff. September 1, 2019.|
TX Alco Bev Code § 57.05 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 57 - Consumer Delivery Permit|Section 57.05. Delivery Driver Requirements

Sec. 57.05.  DELIVERY DRIVER REQUIREMENTS.  A consumer delivery permit holder under this chapter may not contract with or employ a person to make a delivery under this chapter unless the person:(1)  is 21 years of age or older; and(2)  holds a valid driver's license.|Added by Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 3, eff. September 1, 2019.|
TX Alco Bev Code § 57.06 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 57 - Consumer Delivery Permit|Section 57.06. Delivery of Alcoholic Beverages to Consumer

Sec. 57.06.  DELIVERY OF ALCOHOLIC BEVERAGES TO CONSUMER.  (a)  An alcoholic beverage may be delivered under this chapter only to a person who is 21 years of age or older after the person accepting the delivery presents valid proof of identity and age.(b)  An alcoholic beverage may not be delivered under this chapter to any person other than:(1)  the person who purchased the beverage;(2)  a recipient designated in advance by the purchaser; or(3)  a person at the delivery address who is 21 years of age or older.(c)  An alcoholic beverage may be delivered under this chapter outside the hours of operation of the retailer from which the delivery is being made only if the delivery driver:(1)  receives the beverage from the retailer during the retailer's hours of legal sale; and(2)  completes the delivery to the consumer in a reasonable amount of time after leaving the retailer's premises.|Added by Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 3, eff. September 1, 2019.|
TX Alco Bev Code § 57.07 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 57 - Consumer Delivery Permit|Section 57.07. Retailer Responsibility

Sec. 57.07.  RETAILER RESPONSIBILITY.  (a)  A retailer's responsibilities under this code regarding delivery of an alcoholic beverage to an ultimate consumer are considered satisfied at the time the retailer transfers possession of an alcoholic beverage to the consumer delivery permittee or a delivery driver employed by, contracted with, or acting on behalf of the holder of a consumer delivery permit.(b)  An action by a consumer delivery permittee or by a delivery driver is not attributable to the retailer with regard to:(1)  providing, selling, or serving alcohol to a minor or to an intoxicated individual;(2)  the delivery of alcohol in a dry or otherwise illegal area, unless the retailer has contractually agreed to retain responsibility for ensuring that deliveries are not directed to a dry or otherwise illegal area; or (3)  any other provision of this code.(c)  A retailer:(1)  is not required to verify that the consumer delivery permittee or the delivery driver has received delivery driver training under Section 57.09(a)(1); and(2)  may not be held responsible for any reason under statutory or common law for the actions of a consumer delivery permittee or a delivery driver acting on behalf of a consumer delivery permittee.|Added by Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 3, eff. September 1, 2019.|
TX Alco Bev Code § 57.08 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 57 - Consumer Delivery Permit|Section 57.08. Responsibility of Holder of Consumer Delivery Permit

Sec. 57.08.  RESPONSIBILITY OF HOLDER OF CONSUMER DELIVERY PERMIT.  (a)  The actions of a delivery driver acting on behalf of a holder of a consumer delivery permit are not attributable to a holder of a consumer delivery permit if the permit holder has not directly or indirectly encouraged the delivery driver to violate the law and the delivery driver:(1)  has a valid certification from the training program adopted under Section 57.09(a)(1); or(2)  completed the delivery using an alcohol delivery compliance software application that meets the requirements established under Section 57.09(a)(2).(b)  Notwithstanding Subsection (a), if it is found, after notice and hearing, that the permittee, an agent or employee of the permittee, or a person acting on behalf of the permittee delivered with criminal negligence an alcoholic beverage to a minor or an intoxicated person, the commission or administrator may:(1)  suspend the permit for not more than 90 days for the first violation;(2)  suspend the permit for not more than six months for the second violation; and(3)  suspend the permit for not more than 12 months for a third violation within a period of 36 consecutive months.(c)  It is a rebuttable presumption that a sale or delivery of an alcoholic beverage to a minor or an intoxicated person was not made with criminal negligence if the delivery driver:(1)  at the time of the delivery held a valid certification from the training program adopted under Section 57.09(a)(1); and(2)  completed the delivery as a result of a technical malfunction of an alcohol delivery compliance software application that otherwise meets the requirements established under Section 57.09(a)(2).|Added by Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 3, eff. September 1, 2019.|
TX Alco Bev Code § 57.09 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 57 - Consumer Delivery Permit|Section 57.09. Delivery Training Program and Verification Systems

Sec. 57.09.  DELIVERY TRAINING PROGRAM AND VERIFICATION SYSTEMS.  (a)  The commission by rule shall:(1)  adopt and administer an alcohol delivery training program for the purpose of training and certifying delivery drivers contracting with or employed by the holder of a permit under Section 28.1001 or this chapter; and(2)  establish minimum requirements for alcohol delivery compliance software applications.(b)  The commission shall implement a system that allows the holder of a retail permit or a consumer delivery permit to verify in real time whether a delivery driver has a valid certification from the training program adopted under Subsection (a)(1).|Added by Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 3, eff. September 1, 2019.|
TX Alco Bev Code § 58.001 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 58 - Nonresident Brewer's Agent|Section 58.001. Authorized Activities

Sec. 58.001.  AUTHORIZED ACTIVITIES.  A nonresident brewer's agent may:(1)  represent one or more nonresident brewers; and(2)  on behalf of a nonresident brewer whom the agent represents:(A)  perform any activity the nonresident brewer whom the agent represents could perform in this state; and(B)  apply for a permit, license, or other authorization required by the commission.|Added by Acts 2019, 86th Leg., R.S., Ch. 1161 (H.B. 3222), Sec. 2(b), eff. September 1, 2021.Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(3), eff. September 1, 2021.|