2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 48 - Passenger Transportation Permit › Section 48.03. Permit for Airline

Sec. 48.03.  PERMIT FOR AIRLINE.  (a)  A passenger transportation permit may be issued to any corporation operating a commercial airline in or through the state.
(b)  The holder of a passenger transportation permit issued under this section may:
(1)  sell or serve alcoholic beverages in or from any size container on a commercial passenger airplane operated in compliance with a valid license, permit, or certificate issued under the authority of the United States or of this state, even though the plane, in the course of its flight, may cross an area in which the sale of alcoholic beverages is prohibited; and
(2)  store alcoholic beverages in sealed containers of any size at any airport regularly served by the permittee, in accordance with rules and regulations promulgated by the commission.
(c)  Only the holder of a package store permit may sell liquor to the holder of a passenger transportation permit issued under this section.  For the purposes of this code, a sale of liquor to a holder of a passenger transportation permit shall be considered as a sale at retail to a consumer.
(d)  The holder of a package store permit may sell liquor in any size container authorized by Section 101.46 to holders of a passenger transportation permit issued under this section, and may purchase liquor in any size container for resale from the holders of a wholesaler's permit.  A holder of a wholesaler's permit may import, sell, offer for sale, or possess for resale to package store permittees to resell to holders of a passenger transportation permit liquor in any authorized size containers.
(e)  The preparation and service of alcoholic beverages by the holder of a passenger transportation permit issued under this section is exempt from a tax imposed by this code and from the tax imposed by Chapter 151, Tax Code.
(f)  Section 109.53 does not apply to a passenger transportation permit issued under this section.
Added by Acts 1985, 69th Leg., ch. 540, Sec. 2, eff. June 12, 1985.  Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 1, Sec. 1, eff. Sept. 24, 1986;  Acts 1989, 71st Leg., ch. 1104, Sec. 3, eff. June 16, 1989;  Acts 1997, 75th Leg., ch. 165, Sec. 30.171, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 3.001, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 149, eff. September 1, 2021.
Sec. 48.04.  PERMIT FOR PASSENGER TRAIN.  (a)  A passenger transportation permit may be issued to any corporation organized under the Business Organizations Code or former Title 112, Revised Statutes, or under the Rail Passenger Service Act of 1970, as amended (45 U.S.C.A. Section 501 et seq.), operating a commercial passenger train service in or through the state.
(b)  The holder of a passenger transportation permit issued under this section may sell or serve alcoholic beverages in or from any size container on a passenger train even though the train, in the course of its travel, may cross an area in which the sale of alcoholic beverages is prohibited.
(c)  The preparation and service of alcoholic beverages by the holder of a passenger transportation permit issued under this section is exempt from a tax imposed by this code and from the tax imposed by Chapter 151, Tax Code.
(d)  Section 109.53 does not apply to a passenger transportation permit issued under this section.
(e)  This subsection applies only to a passenger train operated by or on behalf of the Texas State Railroad Authority.  An alcoholic beverage purchased by a consumer on a passenger train for present consumption may be removed from the train for consumption on property that is part of a public entertainment facility owned or leased by the Texas State Railroad Authority.  An alcoholic beverage in an open container purchased by a consumer on property that is part of a public entertainment facility owned or leased by the Texas State Railroad Authority may be consumed on a passenger train.
Added by Acts 1985, 69th Leg., ch. 540, Sec. 2, eff. June 12, 1985.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 10.02, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 431 (S.B. 559), Sec. 1(2), eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1255 (H.B. 1905), Sec. 2, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 149, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 2.001(b), eff. September 1, 2021.