reglab/statecodes huggingface dataset:
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 109 - Miscellaneous Regulatory Provisions › Subchapter B. Home Production of Wine, Ale, Malt Liquor, or Beer › Section 109.22. Delivery of Home-Produced Wine or Malt Beverages for Certain Purposes

Sec. 109.22.  DELIVERY OF HOME-PRODUCED WINE OR MALT BEVERAGES FOR CERTAIN PURPOSES.  (a)  This section applies only to a person who is authorized under Section 109.21(a) to produce wine or malt beverages.
(b)  For the purpose of participating in an organized tasting, evaluation, competition, or literary review, a person to whom this section applies may deliver wine or malt beverages produced and manufactured by the person to locations that are not licensed under this code for the purpose of submitting those products to an evaluation at an organized tasting competition that is closed to the general public or by a reviewer whose reviews are published if:
(1)  no charge of any kind is made for the wine or malt beverages, for their delivery, or for attendance at the event; and
(2)  the commission consents in writing to the delivery.
(c)  Nothing in this section shall be construed to authorize an increase in the quantity of wine or malt beverages authorized to be produced by a person under the authority of Section 109.21(a).
Added by Acts 1989, 71st Leg., ch. 310, Sec. 2, eff. June 14, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 354, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 109 - Miscellaneous Regulatory Provisions › Subchapter C. Local Regulation of Alcoholic Beverages › Section 109.31. Municipal Regulation of Liquor

Sec. 109.31.  MUNICIPAL REGULATION OF LIQUOR.  A city by charter may prohibit the sale of liquor in all or part of the residential sections of the city.
Acts 1977, 65th Leg., p. 525, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 109 - Miscellaneous Regulatory Provisions › Subchapter C. Local Regulation of Alcoholic Beverages › Section 109.32. Municipal and County Regulation of Malt Beverages

Sec. 109.32.  MUNICIPAL AND COUNTY REGULATION OF MALT BEVERAGES.  (a)  An incorporated city or town by charter or ordinance may:
(1)  prohibit the sale of malt beverages in a residential area; and
(2)  regulate the sale of malt beverages and prescribe the hours when malt beverages may be sold, except the city or town may not permit the sale of malt beverages when the sale of malt beverages is prohibited by this code.
(b)  In a county that has only one incorporated city or town that has a majority of the population of the county, according to the most recent federal census, and where the city or town has shortened the hours of sale for malt beverages on Sundays by a valid charter amendment or ordinance before January 1, 1957, the commissioners court may enter an order prohibiting the sale of malt beverages on Sundays during the hours the sale of malt beverages is prohibited in the city or town.  The order may apply to all or part of the area of the county located outside the city or town.  The commissioners court may not adopt the order unless it first publishes notice for four consecutive weeks in a newspaper of general circulation in the county published in the county or a nearby county.
(c)  In exercising the authority granted by this section, the city, town, or county may distinguish between retailers selling malt beverages for on-premises consumption and retailers, brewers, or distributors who do not sell malt beverages for on-premises consumption.
Acts 1977, 65th Leg., p. 525, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 355, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 109 - Miscellaneous Regulatory Provisions › Subchapter C. Local Regulation of Alcoholic Beverages › Section 109.331. Sales Near Day-Care Center or Child-Care Facility

Sec. 109.331.  SALES NEAR DAY-CARE CENTER OR CHILD-CARE FACILITY.  (a)  This section applies only to a permit or license holder under Chapter 25, 28, 32, 69, or 74 who does not hold a food and beverage certificate.
(b)  Except as provided by this subsection, the provisions of Section 109.33 relating to a public school also apply to a day-care center and a child-care facility as those terms are defined by Section 42.002, Human Resources Code.  Sections 109.33(a)(2) and (c) do not apply to a day-care center or child-care facility.
(c)  This section does not apply to a permit or license holder who sells alcoholic beverages if:
(1)  the permit or license holder and the day-care center or child-care facility are located on different stories of a multistory building;  or
(2)  the permit or license holder and the day-care center or child-care facility are located in separate buildings and either the permit or license holder or the day-care center or child-care facility is located on the second story or higher of a multistory building.
(d)  This section does not apply to a family home, specialized child-care home, or agency foster home as those terms are defined by Section 42.002, Human Resources Code.
Added by Acts 1997, 75th Leg., ch. 723, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 109 - Miscellaneous Regulatory Provisions › Subchapter C. Local Regulation of Alcoholic Beverages › Section 109.35. Orders for Prohibition on Consumption

Sec. 109.35.  ORDERS FOR PROHIBITION ON CONSUMPTION.  (a)  If the governing body of a municipality determines that the possession of an open container or the public consumption of alcoholic beverages in the central business district of the municipality is a risk to the health and safety of the citizens of the municipality, the governing body may by charter or ordinance prohibit the possession of an open container or the public consumption of alcoholic beverages in that central business district.
(b)  If a municipality prohibits the possession of an open container or the public consumption of alcoholic beverages in the central business district of the city, the municipality must adopt a map, plat, or diagram showing the central business district that is covered by the prohibition.
(c)  The municipality's charter or ordinance may not prohibit the possession of an open container or the consumption of alcoholic beverages in motor vehicles, buildings not owned or controlled by the municipality, residential structures, or licensed premises located in the area of prohibition.
(c-1)  In accordance with Section 1.06, this section does not authorize municipal regulation of the possession of an open container or the public consumption of alcoholic beverages except as expressly provided by this section.
(d)  In this section, "central business district" means a compact and contiguous geographical area of a municipality in which at least 90 percent of the land is used or zoned for commercial purposes and that is the area that has historically been the primary location in the municipality where business has been transacted.
(e)  In this section, "open container" means a container that is no longer sealed.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 89, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 555 (H.B. 2296), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 109 - Miscellaneous Regulatory Provisions › Subchapter C. Local Regulation of Alcoholic Beverages › Section 109.36. Consumption of Alcoholic Beverages Near Homeless Shelter or Substance Abuse Treatment Center

Sec. 109.36.  CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR HOMELESS SHELTER OR SUBSTANCE ABUSE TREATMENT CENTER.  (a)  In this section:
(1)  "Central business district" means a compact and contiguous geographical area of a municipality used for commercial purposes that has historically been the primary location in the municipality where business has been transacted.
(2)  "Homeless shelter" means a supervised publicly or privately operated shelter or other facility that is designed to provide temporary living accommodations to individuals who lack a fixed regular and adequate residence.
(3)  "Open container" has the meaning assigned by Section 109.35.
(b)  The commissioners court of a county may enact regulations applicable in areas in the county outside an incorporated city or town, and the governing board of an incorporated city or town may enact regulations applicable in the city or town, prohibiting the possession of an open container or the consumption of an alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a homeless shelter that is not located in a central business district or a substance abuse treatment center that is not located in a central business district.
(c)  If the commissioners court of a county or the governing board of an incorporated city or town enacts a prohibition under Subsection (b), the commissioners court or the governing board may enact regulations allowing special temporary events for which Subsection (b) may be suspended.
Added by Acts 2007, 80th Leg., R.S., Ch. 988 (S.B. 1238), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 109 - Miscellaneous Regulatory Provisions › Subchapter D. Other Miscellaneous Provisions › Section 109.51. Sacramental Wine

Sec. 109.51.  SACRAMENTAL WINE.  Nothing in this code limits the right of a minister, priest, rabbi, or religious organization from obtaining sacramental wine for sacramental purposes only, directly from any lawful source inside or outside the state.  No fee or tax may be directly or indirectly charged for the exercise of this right.  The commission by rule and regulation may regulate the importation of sacramental wine and prevent unlawful use of the right granted by this section.
Acts 1977, 65th Leg., p. 526, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 109 - Miscellaneous Regulatory Provisions › Subchapter D. Other Miscellaneous Provisions › Section 109.52. Warehouse Receipts

Sec. 109.52.  WAREHOUSE RECEIPTS.  A bank, trust company, or other financial institution that owns or possesses warehouse receipts for alcoholic beverages as security for a loan, after receiving permission from the commission or administrator, may sell the beverages to a licensee or permittee authorized to purchase them.
Acts 1977, 65th Leg., p. 526, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 109 - Miscellaneous Regulatory Provisions › Subchapter D. Other Miscellaneous Provisions › Section 109.531. Additional Requirements for Application or Renewal of Permit, License, or Certificate by Out-of-State Residents

Sec. 109.531.  ADDITIONAL REQUIREMENTS FOR APPLICATION OR RENEWAL OF PERMIT, LICENSE, OR CERTIFICATE BY OUT-OF-STATE RESIDENTS.  In addition to any other requirement for a license, permit, or certificate under this code, a person who has not been a citizen of this state for a period of one year preceding the date the person filed an application for a permit, license, or certificate under Chapter 25, 26, 28, 29, 30, 32, 48, 50, 69, 71, or 74 shall:
(1)  designate an agent, who is a citizen of this state, to represent the person in matters before the commission and to be responsible for the proper conduct of any activity of the licensee or permittee; and
(2)  submit to a criminal history background check.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 91, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 358, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 109 - Miscellaneous Regulatory Provisions › Subchapter D. Other Miscellaneous Provisions › Section 109.532. Criminal History Background Checks

Sec. 109.532.  CRIMINAL HISTORY BACKGROUND CHECKS.  (a)  The commission shall establish a uniform method of obtaining criminal history information.  The uniform method must require:
(1)  either a complete set of fingerprints or the complete name of the person being investigated to be submitted to the Department of Public Safety or to another law enforcement agency;  and
(2)  if fingerprints are submitted, the fingerprints must be submitted to the Federal Bureau of Investigation for further information if a relevant disqualifying record or other substantive information is not obtained from a state or local law enforcement agency.
(b)  The commission may deny a license or permit or the renewal of a license or permit for an applicant if:
(1)  the commission determines that a previous criminal conviction or deferred adjudication indicates that the applicant is not qualified or suitable for a license or permit;  or
(2)  the applicant fails to provide a complete set of fingerprints if the commission establishes that method of obtaining conviction information.
(c)  All criminal history information received by the commission is privileged information and is for the exclusive use of the commission.  The information may be released or otherwise disclosed to any other person or agency only:
(1)  on court order;  or
(2)  with the consent of the person being investigated.
(d)  The commission shall collect and destroy criminal history information relating to a person immediately after the commission makes a decision on the eligibility of the person for registration.
(e)  A person commits an offense if the person releases or discloses in violation of this section criminal history information received by the commission.  An offense under this subsection is a felony of the second degree.
(f)  The commission may charge a fee to cover the cost of a criminal history background check.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 91, eff. Sept. 1, 1993.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 109 - Miscellaneous Regulatory Provisions › Subchapter D. Other Miscellaneous Provisions › Section 109.54. Festivals and Civic Celebrations

Sec. 109.54.  FESTIVALS AND CIVIC CELEBRATIONS.  (a)  Any licensee who has purchased malt beverages for sale at the site of a festival or civic celebration which has been held annually for at least 15 years during a specified period not exceeding 10 days shall be authorized for 24 hours following the official close of the celebration to sell any malt beverages remaining at the site to any licensee or permittee authorized to purchase malt beverages for resale.
(b)  Records of any such transactions shall be kept as may be required by the administrator.
Added by Acts 1979, 66th Leg., p. 864, ch. 388, Sec. 1, eff. June 6, 1979.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 359, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 109 - Miscellaneous Regulatory Provisions › Subchapter D. Other Miscellaneous Provisions › Section 109.541. Tastings at Certain Festivals and Civic Celebrations

Sec. 109.541.  TASTINGS AT CERTAIN FESTIVALS AND CIVIC CELEBRATIONS.  A person who holds a license or permit to manufacture alcoholic beverages in this state may conduct product tastings without the issuance of another license or permit under this code if those tastings are conducted:
(1)  as part of and under the direction of the "Go Texan" Partner Program under Chapter 46, Agriculture Code; and
(2)  during a festival or civic celebration that:
(A)  has been held near-annually for at least 100 years; and
(B)  is at least 21 days long.
Added by Acts 2019, 86th Leg., R.S., Ch. 911 (H.B. 3768), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 109 - Miscellaneous Regulatory Provisions › Subchapter D. Other Miscellaneous Provisions › Section 109.55. Certificate

Sec. 109.55.  CERTIFICATE.  If after June 1, 1987, the certificate is filed under Section 15, Chapter 285, or Section 16, Chapter 462, Acts of the 69th Legislature, Regular Session, 1985, the contingency described by Subsection (c) of each of those sections is effective on the first day of the month following the month in which the certificate is filed.
Added by Acts 1987, 70th Leg., ch. 495, Sec. 5, eff. Aug. 31, 1987.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 109 - Miscellaneous Regulatory Provisions › Subchapter D. Other Miscellaneous Provisions › Section 109.56. Conviction of Offense Relating to Discrimination; Policy of Nondiscrimination

Sec. 109.56.  CONVICTION OF OFFENSE RELATING TO DISCRIMINATION;  POLICY OF NONDISCRIMINATION.  The commission or administrator may suspend for not more than 60 days or cancel an original or renewal permit if it is found, after notice and hearing that:
(1)  the permittee has been finally convicted of any offense under state or federal law or a municipal ordinance prohibiting the violation of an individual's civil rights or the discrimination against an individual on the basis of the individual's race, color, creed, sex, or religion;  and
(2)  the offense was committed on the licensed premises or in connection with the operation of the permittee's business.
Added by Acts 1987, 70th Leg., ch. 303, Sec. 8, eff. June 11, 1987.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 109 - Miscellaneous Regulatory Provisions › Subchapter D. Other Miscellaneous Provisions › Section 109.58. Relaxation of Restrictions as to Charitable Events

Sec. 109.58.  RELAXATION OF RESTRICTIONS AS TO CHARITABLE EVENTS.  (a)  This code does not prohibit permit and license holders engaged in the alcoholic beverage industry at different levels from simultaneously or jointly sponsoring a civic, religious, or charitable event, including by providing or lending money, services, or other things of value directly to a civic, religious, or charitable entity in conjunction with the event, provided that:
(1)  any license or permit to sell or serve alcoholic beverages at the event is held by a retailer who is independent of the sponsors; and
(2)  none of the retailers who sponsor the event, if any, receive any direct benefit or service because of joint sponsorship by a wholesaler or manufacturer of alcoholic beverages.
(b)  The commission by rule may set definite limitations consistent with the general provisions of this code that relax the restrictions of this code with respect to the sponsoring of a civic, religious, or charitable event or the making of a gift to civic, religious, or charitable organizations by permit and license holders engaged in the alcoholic beverage industry at different levels.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 92, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 747 (H.B. 3123), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 109 - Miscellaneous Regulatory Provisions › Subchapter D. Other Miscellaneous Provisions › Section 109.59. Application of Distance Requirements

Sec. 109.59.  APPLICATION OF DISTANCE REQUIREMENTS.  (a)  If at the time an original alcoholic beverage permit or license is granted for a premises the premises satisfies the requirements regarding distance from schools, churches, and other types of premises established in this code and any other law or ordinance of the state or a political subdivision of the state in effect at that time, the premises shall be deemed to satisfy the distance requirements for all subsequent renewals of the license or permit.
(b)  On the sale or transfer of the premises or the business on the premises in which a new original license or permit is required for the premises, the premises shall be deemed to satisfy any distance requirements as if the issuance of the new original permit or license were a renewal of a previously held permit or license.
(c)  Subsection (b) does not apply to the satisfaction of the distance requirement prescribed by Section 109.33(a)(2) for a public school, except that on the death of a permit or license holder or a person having an interest in a permit or license Subsection (b) does apply to the holder's surviving spouse or child of the holder or person if the spouse or child qualifies as a successor in interest to the permit or license.
(d)  Subsection (a) does not apply to the satisfaction of the distance requirement prescribed by Section 109.33(a)(2) for a public school if the holder's permit or license has been suspended for a violation occurring after September 1, 1995, of any of the following provisions:
(1)  Section 11.61(b)(1), (6)-(11), (13), (14), or (20); or
(2)  Section 61.71(a)(5)-(8), (10), (11), (13), (16), (17), (21), or (23).
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 93, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 260, Sec. 8, eff. May 30, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 544 (S.B. 371), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 109 - Miscellaneous Regulatory Provisions › Subchapter D. Other Miscellaneous Provisions › Section 109.60. Purchases by Certain Permitees

Sec. 109.60.  PURCHASES BY CERTAIN PERMITEES.  For the convenience of the commission in performing its regulatory functions and the comptroller in examining tax accounts of mixed beverage permitees and private club permitees, each of these permitees is required to purchase separately and individually for each licensed premises any and all alcoholic beverages to be sold or served on the licensed premises.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 94, eff. Sept. 1, 1993.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 109 - Miscellaneous Regulatory Provisions › Subchapter D. Other Miscellaneous Provisions › Section 109.63. Bulk Transfers Between Certain Permittees and Licensees

Sec. 109.63.  BULK TRANSFERS BETWEEN CERTAIN PERMITTEES AND LICENSEES.  (a)  This section applies to the holder of a distiller's and rectifier's permit, winery permit, or brewer's license.
(b)  Notwithstanding any other provision of this code, a permittee or licensee described by Subsection (a) may transfer in bulk an alcoholic beverage produced by the permittee or licensee to any other permittee or licensee described by that subsection provided that:
(1)  the alcoholic beverage transferred is used only for manufacturing purposes by the recipient; and
(2)  the transfer is permitted by federal law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1171 (S.B. 652), Sec. 2, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 362, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 109 - Miscellaneous Regulatory Provisions › Subchapter D. Other Miscellaneous Provisions › Section 109.64. Bulk Purchase for Industrial Use

Sec. 109.64.  BULK PURCHASE FOR INDUSTRIAL USE.  Section 102.32 applies to the bulk purchase of liquor for purposes described by Section 38.01 from the holder of a wholesaler's permit.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1171 (S.B. 652), Sec. 2, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 363, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 110 - Texas Wine Marketing Assistance Program in Department of Agriculture › Subchapter A. General Provisions › Section 110.001. Definitions

Sec. 110.001.  DEFINITIONS.  In this chapter:
(1)  "Commissioner" means the commissioner of agriculture.
(2)  "Program" means the Texas Wine Marketing Assistance Program.
Added by Acts 2001, 77th Leg., ch. 1001, Sec. 1.01, eff. Sept. 1, 2001.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 110 - Texas Wine Marketing Assistance Program in Department of Agriculture › Subchapter A. General Provisions › Section 110.002. Program Established

Sec. 110.002.  PROGRAM ESTABLISHED.  (a)  The Texas Wine Marketing Assistance Program is established in the Department of Agriculture to assist the Texas wine industry in promoting and marketing Texas wines and educating the public about the Texas wine industry.
(b)  The commissioner shall adopt rules as necessary to implement the program.
Added by Acts 2001, 77th Leg., ch. 1001, Sec. 1.01, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 4.08, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 36, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 110 - Texas Wine Marketing Assistance Program in Department of Agriculture › Subchapter B. Texas Wine Marketing Assistance Program › Section 110.051. Promotion, Marketing, and Education

Sec. 110.051.  PROMOTION, MARKETING, AND EDUCATION.  The program shall:
(1)  organize a network of package stores to participate in a program promoting wines produced in this state and to deliver wine to consumers under Section 110.053;
(2)  develop and maintain a database of wineries in this state and package stores that sell wines produced in this state that allows the program's staff to identify the winery in this state that produces a particular wine;
(3)  operate a toll-free telephone number to:
(A)  receive inquiries from persons who wish to purchase a particular wine produced in this state;
(B)  make information about the wineries in this state and the package stores participating in the program available to the public;  and
(C)  refer a person who wishes to purchase a Texas wine to the winery that produces the wine and inform the person of arrangements that the person can make under Section 110.053 to pick up the wine at a package store or have the wine delivered to the person's address;
(4)  use market research to develop a wine industry marketing plan to increase the consumption of and access to Texas wine;
(5)  educate the public about wines produced in the state by providing publicity about the information in the program's database to the public and making the information available to the public through the department's toll-free telephone number and electronically available through the Internet;
(6)  promote wineries in this state and package stores that participate in the program;  and
(7)  promote and market, and educate consumers about, the wines produced in this state using any other method the commissioner determines is appropriate.
Added by Acts 2001, 77th Leg., ch. 1001, Sec. 1.01, eff. Sept. 1, 2001.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 110 - Texas Wine Marketing Assistance Program in Department of Agriculture › Subchapter B. Texas Wine Marketing Assistance Program › Section 110.052. Participation of Package Stores

Sec. 110.052.  PARTICIPATION OF PACKAGE STORES.  (a)  Participation in the program by a package store is voluntary.
(b)   The commissioner by rule may establish standards that a package store that participates in the program must meet.
Added by Acts 2001, 77th Leg., ch. 1001, Sec. 1.01, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 4, eff. May 9, 2005.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 110 - Texas Wine Marketing Assistance Program in Department of Agriculture › Subchapter B. Texas Wine Marketing Assistance Program › Section 110.053. Sale and Shipment of Wine Through Program

Sec. 110.053.  SALE AND SHIPMENT OF WINE THROUGH PROGRAM.  (a)  A person who purchases wine from a winery in this state may ship the wine in accordance with:
(1)  Section 16.09; or
(2)  this section.
(b)  If a person who purchases wine from a winery in this state is not physically present at the winery, the winery may ship the wine to a package store that participates in the program.  On receipt of the wine, the package store shall notify the purchaser that the wine is available to be picked up by the purchaser at the package store or shipped to the purchaser by the package store.
(c)  A package store that participates in the program may charge a purchaser a handling fee of not more than $3.50 for each order of wine that the purchaser picks up at the package store.  The handling fee is not subject to state or local sales tax.
(d)  If a purchaser elects to have the package store ship the wine to the purchaser, the package store and the purchaser must agree on the shipping arrangements.
(e)  The package store may return a wine order to the winery if the purchaser does not pick up wine or make arrangements to have the wine shipped to the purchaser before the 30th day after the date the purchaser is notified under Subsection (b).  The winery shall accept return of the wine from the package store.
(f)  For the purposes of this code, a purchase of wine under this section is considered to have occurred on the premises of the winery.
(g)  A package store that ships wine under this section is not liable for the actions of the carrier that delivers the wine.
Added by Acts 2001, 77th Leg., ch. 1001, Sec. 1.01, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 5, eff. May 9, 2005.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 110 - Texas Wine Marketing Assistance Program in Department of Agriculture › Subchapter B. Texas Wine Marketing Assistance Program › Section 110.054. Delivery of Wine in a Dry Area

Sec. 110.054.  DELIVERY OF WINE IN A DRY AREA.  A package store that participates in the program may ship wine under Section 110.053 to a person who resides in a dry area if:
(1)  the delivery is made by the holder of a carrier permit;  and
(2)  the package is clearly labeled as requiring the signature of a person 21 years of age or older for delivery.
Added by Acts 2001, 77th Leg., ch. 1001, Sec. 1.01, eff. Sept. 1, 2001.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 110 - Texas Wine Marketing Assistance Program in Department of Agriculture › Subchapter B. Texas Wine Marketing Assistance Program › Section 110.055. Shipping Form

Sec. 110.055.  SHIPPING FORM.  The commission by rule shall adopt a standard invoice for shipping wine under Section 110.053 from a winery to a package store and from a package store to a purchaser that allows the commission to monitor the sale and delivery of wine through the program, including the amount of wine sold through the program and the payment of taxes on that wine.
Added by Acts 2001, 77th Leg., ch. 1001, Sec. 1.01, eff. Sept. 1, 2001.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 111 - Secondary Wine Sales › Section 111.001. Definitions

Sec. 111.001.  DEFINITIONS.  In this chapter:
(1)  "Permitted restaurant" means a restaurant that holds:
(A)  a mixed beverage permit, a wine and malt beverage retailer's permit, or a private club registration permit; and
(B)  a food and beverage certificate.
(2)  "Wine collection seller" means a person who:
(A)  is at least 21 years of age;
(B)  does not hold a license or permit under this code; and
(C)  is:
(i)  an administrator, executor, receiver, or other fiduciary who receives and sells wine in execution of the person's fiduciary capacity;
(ii)  a creditor who receives or takes possession of wine as security for, or in payment of, debt, in whole or in part;
(iii)  a public officer or court official who levies on wine under order or process of any court or magistrate to sell the wine in satisfaction of the order or process; or
(iv)  any other person who does not hold or have an interest in a permit or a license or in the business of a permit or license holder under this code and is not engaged in the business of selling alcoholic beverages.
Added by Acts 2023, 88th Leg., R.S., Ch. 361 (S.B. 1932), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 111 - Secondary Wine Sales › Section 111.002. Authorized Activities

Sec. 111.002.  AUTHORIZED ACTIVITIES.  A wine collection seller may sell to a permitted restaurant wine that is:
(1)  lawfully owned or possessed by the wine collection seller;
(2)  in an original container sealed by the manufacturer; and
(3)  manufactured not less than 20 years before the date the wine collection seller sells the wine to a permitted restaurant.
Added by Acts 2023, 88th Leg., R.S., Ch. 361 (S.B. 1932), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 111 - Secondary Wine Sales › Section 111.003. Purchase by Restaurant; Sale to Consumer

Sec. 111.003.  PURCHASE BY RESTAURANT; SALE TO CONSUMER.  A permitted restaurant may purchase wine from a wine collection seller and sell that wine to an ultimate consumer for on-premises consumption in accordance with the permit held by the permitted restaurant.
Added by Acts 2023, 88th Leg., R.S., Ch. 361 (S.B. 1932), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 111 - Secondary Wine Sales › Section 111.004. Records

Sec. 111.004.  RECORDS.  (a)  A permitted restaurant that purchases wine under this chapter shall maintain a record of each purchase.  A permitted restaurant shall maintain the record until the second anniversary of the date the restaurant sells the wine to an ultimate consumer.
(b)  The record, at a minimum, must include:
(1)  the name, address, and phone number of the wine collection seller who sold the wine to the permitted restaurant;
(2)  a description of the wine;
(3)  details of the transaction between the wine collection seller and the permitted restaurant, including the brand name and quantity of containers purchased by the permitted restaurant;
(4)  the date of the purchase; and
(5)  any documents that support the provenance of the wine.
(c)  A permitted restaurant shall make a record of a wine purchase made under this chapter available upon request to the ultimate consumer who purchases the wine.  The ultimate consumer may request the records either before or after the sale to the consumer.  The permitted restaurant may redact from the record the price the restaurant paid for the wine.
(d)  The commission shall assess an administrative penalty in the amount of $500 against a permitted restaurant for each violation of this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 361 (S.B. 1932), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 111 - Secondary Wine Sales › Section 111.005. Tax

Sec. 111.005.  TAX.  Sales of wine by a wine collection seller to a permitted restaurant under this chapter are exempt from the taxes imposed under Subchapter A, Chapter 201.
Added by Acts 2023, 88th Leg., R.S., Ch. 361 (S.B. 1932), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 5 - Taxation › Chapter 201 - Liquor Taxes › Subchapter A. Tax on Liquor › Section 201.01. Liquor

Sec. 201.01.  LIQUOR.  In this subchapter, "liquor" does not include malt beverages.
Acts 1977, 65th Leg., p. 529, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 365, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 5 - Taxation › Chapter 201 - Liquor Taxes › Subchapter A. Tax on Liquor › Section 201.011. Timely Filing: Diligence

Sec. 201.011.  TIMELY FILING:  DILIGENCE.  A person filing a report or making a tax payment complies with the filing requirements for timeliness for a report not filed or a payment not made on time if the person exercised reasonable diligence to comply with the filing requirements and the failure to file or the making of a late payment is not the fault of the person.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 95, eff. Sept. 1, 1993.
2023 Texas Statutes › Alcoholic Beverage Code › Title 5 - Taxation › Chapter 201 - Liquor Taxes › Subchapter A. Tax on Liquor › Section 201.02. "First Sale" Defined

Sec. 201.02.  "FIRST SALE" DEFINED.  In this subchapter, "first sale":
(1)  as applied to liquor imported into this state by the holder of a wholesaler's permit authorizing importation, means the first actual sale by the permittee to the holder of any other permit authorizing the retail sale of the beverage or to the holder of a local distributor's permit; and
(2)  as applied to all other liquor, means the first sale, possession, distribution, or use in this state, except that the term does not include the first sale by:
(A)  the holder of a winery permit to another holder of a winery permit or the holder of a wholesaler's permit; or
(B)  the holder of a distiller's and rectifier's permit to the holder of a wholesaler's permit.
Acts 1977, 65th Leg., p. 529, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 628 (S.B. 799), Sec. 1, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 23, eff. September 1, 2013.
2023 Texas Statutes › Alcoholic Beverage Code › Title 5 - Taxation › Chapter 201 - Liquor Taxes › Subchapter A. Tax on Liquor › Section 201.03. Tax on Distilled Spirits

Sec. 201.03.  TAX ON DISTILLED SPIRITS.  (a)  A tax is imposed on the first sale of distilled spirits at the rate of $2.40 per gallon.
(b)  The minimum tax imposed on packages of distilled spirits containing two ounces or less is five cents per package.
(c)  Should packages containing less than one-half pint but more than two ounces ever be legalized in this state, the minimum tax imposed on each of these packages is $0.122.
Acts 1977, 65th Leg., p. 529, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 31, art. 2, Sec. 8, eff. Oct. 2, 1984.
2023 Texas Statutes › Alcoholic Beverage Code › Title 5 - Taxation › Chapter 201 - Liquor Taxes › Subchapter A. Tax on Liquor › Section 201.04. Tax on Vinous Liquor

Sec. 201.04.  TAX ON VINOUS LIQUOR.  (a)  A tax is imposed on the first sale of vinous liquor that does not contain over 14 percent of alcohol by volume at the rate of 20.4 cents per gallon.
(b)  A tax is imposed on vinous liquor that contains more than 14 percent of alcohol by volume at the rate of 40.8 cents per gallon.
(c)  A tax is imposed on artificially carbonated and natural sparkling vinous liquor at the rate of 51.6 cents per gallon.
Acts 1977, 65th Leg., p. 529, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 31, art. 2, Sec. 9, eff. Oct. 2, 1984.
2023 Texas Statutes › Alcoholic Beverage Code › Title 5 - Taxation › Chapter 201 - Liquor Taxes › Subchapter A. Tax on Liquor › Section 201.05. Reporting System

Sec. 201.05.  REPORTING SYSTEM.  A person who holds a permit authorizing the importation of liquor into this state shall pay the liquor tax by the reporting system under bond.
Acts 1977, 65th Leg., p. 530, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 5 - Taxation › Chapter 201 - Liquor Taxes › Subchapter A. Tax on Liquor › Section 201.06. Payment of Tax; Discounts

Sec. 201.06.  PAYMENT OF TAX;  DISCOUNTS.  (a)  The tax on liquor, levied and computed under this subchapter, shall be paid by a remittance payable to the comptroller and forwarded together with any required sworn statement of taxes due to the commission in Austin on or before the date it is due.
(b)  A discount of two percent of the amount due shall be withheld by the permittee for keeping records, furnishing bonds, and properly accounting for the remittance of the tax due.  No discount is permitted if the tax is delinquent at the time of payment.
Acts 1977, 65th Leg., p. 530, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 1.03, eff. Sept. 1, 1997.
2023 Texas Statutes › Alcoholic Beverage Code › Title 5 - Taxation › Chapter 201 - Liquor Taxes › Subchapter A. Tax on Liquor › Section 201.07. Due Date

Sec. 201.07.  DUE DATE.  (a)  The tax on liquor is due and payable on the 15th of the month following the first sale, together with a report on the tax due.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 431, Sec. 1(3), eff. June 14, 2013.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 431, Sec. 1(3), eff. June 14, 2013.
(d)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 431, Sec. 1(3), eff. June 14, 2013.
Acts 1977, 65th Leg., p. 530, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 10.03, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 431 (S.B. 559), Sec. 1(3), eff. June 14, 2013.
2023 Texas Statutes › Alcoholic Beverage Code › Title 5 - Taxation › Chapter 201 - Liquor Taxes › Subchapter A. Tax on Liquor › Section 201.075. Summary Suspension

Sec. 201.075.  SUMMARY SUSPENSION.  (a)  The commission may summarily suspend, without a hearing, the permit of a permittee who fails to file a report or return or to make a tax payment required by this subchapter.  Chapter 2001, Government Code does not apply to the commission in the enforcement and administration of this section.
(b)  A suspension under this section takes effect on the third day after the date the notice of suspension is given.  The notice shall be given to the permittee or the permittee's agent or employee by registered or certified mail if not given in person.
(c)  The commission shall terminate a suspension made under this section when the permittee files all required returns and makes all required tax payments that are due.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 96, eff. Jan. 1, 1994.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
2023 Texas Statutes › Alcoholic Beverage Code › Title 5 - Taxation › Chapter 201 - Liquor Taxes › Subchapter A. Tax on Liquor › Section 201.08. Exemption From Tax

Sec. 201.08.  EXEMPTION FROM TAX.  (a)  No tax may be collected on liquor:
(1)  shipped out of state for consumption outside the state;
(2)  sold aboard a ship for ship's supplies; or
(3)  sold as vintage distilled spirits.
(b)  The commission shall provide forms for claiming the exemption prescribed by this section.
(c)  A tax credit shall be allowed for payment of any unintended or excess tax.
Acts 1977, 65th Leg., p. 530, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 91 (S.B. 1322), Sec. 8, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 5 - Taxation › Chapter 201 - Liquor Taxes › Subchapter A. Tax on Liquor › Section 201.09. Refund Due on Disposition Outside of State

Sec. 201.09.  REFUND DUE ON DISPOSITION OUTSIDE OF STATE.  The holder of any permit authorizing the transportation of liquor out of this state may apply to the commission for a refund of the excise tax on liquor on which the state tax has been paid on proper proof that the liquor was sold or disposed of outside of this state.
Acts 1977, 65th Leg., p. 530, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 5 - Taxation › Chapter 201 - Liquor Taxes › Subchapter A. Tax on Liquor › Section 201.10. Excess Tax

Sec. 201.10.  EXCESS TAX.  A permittee is entitled to a refund or tax credit on future tax payment for any excess tax on liquor paid through oversight, mistake, error, or miscalculation.
Acts 1977, 65th Leg., p. 530, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 5 - Taxation › Chapter 201 - Liquor Taxes › Subchapter A. Tax on Liquor › Section 201.11. Tax Credits and Refunds

Sec. 201.11.  TAX CREDITS AND REFUNDS.  The commission shall provide by rule for the equitable and final disposition of tax refunds or credits when liquor tax is overpaid or paid by mistake.  It shall prescribe the time and manner for filing claims for credits and refunds and provide appropriate forms.
Acts 1977, 65th Leg., p. 530, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 5 - Taxation › Chapter 201 - Liquor Taxes › Subchapter A. Tax on Liquor › Section 201.12. Appropriations for Refunds

Sec. 201.12.  APPROPRIATIONS FOR REFUNDS.  Necessary funds from the collection of the tax on imported liquor before the revenue from that tax has been allocated may be appropriated for the payment of refunds of tax on imported liquor.
Acts 1977, 65th Leg., p. 530, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 5 - Taxation › Chapter 201 - Liquor Taxes › Subchapter A. Tax on Liquor › Section 201.13. Sale of Untaxed Liquor Prohibited

Sec. 201.13.  SALE OF UNTAXED LIQUOR PROHIBITED.  No person may sell, offer for sale, or store for the purpose of sale in this state any liquor on which the state or federal tax, if due, has not been paid.
Acts 1977, 65th Leg., p. 530, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 5 - Taxation › Chapter 201 - Liquor Taxes › Subchapter A. Tax on Liquor › Section 201.14. Invoices of Transported Liquor

Sec. 201.14.  INVOICES OF TRANSPORTED LIQUOR.  A holder of a permit authorizing the wholesaling of liquor and the transporting of liquor outside of this state shall furnish to the commission duplicate copies of all invoices for the sale of liquor transported outside of this state within 24 hours after the liquor has been removed from the permittee's place of business.
Acts 1977, 65th Leg., p. 531, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 5 - Taxation › Chapter 201 - Liquor Taxes › Subchapter A. Tax on Liquor › Section 201.15. Evidence in Suit

Sec. 201.15.  EVIDENCE IN SUIT.  In any suit brought to enforce the collection of tax owed by the holder of a permit authorizing the importation of liquor into this state, a certificate by the commission or administrator showing the delinquency is prima facie evidence of:
(1)  the levy of the tax or the delinquency of the stated amount of tax and penalty;  and
(2)  compliance by the commission with the provisions of this code relating to the computation and levy of the tax.
Acts 1977, 65th Leg., p. 531, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 5 - Taxation › Chapter 201 - Liquor Taxes › Subchapter A. Tax on Liquor › Section 201.16. Penalty

Sec. 201.16.  PENALTY.  A person who violates any section of this subchapter except Section 201.09 or 201.13 of this code commits a misdemeanor which on conviction is punishable by a fine of not less than $100 nor more than $1,000 or by imprisonment in the county jail for not less than 30 days nor more than one year.  Violations of Sections 201.09 and 201.13 are punishable in accordance with Section 1.05 of this code.
Acts 1977, 65th Leg., p. 531, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 5 - Taxation › Chapter 201 - Liquor Taxes › Subchapter A. Tax on Liquor › Section 201.17. Liquor in Metric Containers

Sec. 201.17.  LIQUOR IN METRIC CONTAINERS.  For the purpose of the taxes imposed on liquor by this subchapter, if the liquor is in metric containers the amount of tax due is determined by converting the metric amount into the equivalent amount in gallons and applying the appropriate tax rate.  The commission shall prepare tables showing the amount of tax due on various types of liquor in metric containers.
Acts 1977, 65th Leg., p. 531, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 366, eff. September 1, 2021.