reglab/statecodes huggingface dataset:
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 37 - Nonresident Seller's Permit › Section 37.011. Operating Agreement With In-State Distillery

Sec. 37.011.  OPERATING AGREEMENT WITH IN-STATE DISTILLERY.  (a)  The holder of a nonresident seller's permit who owns a distillery outside of the state or whose affiliate owns a distillery outside of the state and holds a distiller's and rectifier's permit may enter into an agreement with the holder of a distiller's and rectifier's permit that allows the nonresident seller to engage in the following activities on the distiller's and rectifier's permitted premises:
(1)  manufacture distilled spirits;
(2)  rectify, purify, and refine distilled spirits and wines;
(3)  mix wines, distilled spirits, or other liquors;
(4)  bottle, label, and package the nonresident seller's finished products; and
(5)  sell the finished products in this state to holders of distiller's and rectifier's permits and holders of wholesaler's permits and to authorized wholesalers and manufacturers outside the state.
(b)  The agreement is subject to approval by the commission and must describe with specificity the nature, duration, and extent of the activities authorized by the agreement.
(c)  The holder of a distiller's and rectifier's permit on whose premises the holder of a nonresident seller's permit contracts under this section to manufacture, bottle, package, or label alcoholic beverages may not:
(1)  consider or treat the alcoholic beverages manufactured, bottled, packaged, or labeled under the agreement as being owned by the distiller's and rectifier's permit holder; or
(2)  sell those alcoholic beverages on the distiller's and rectifier's permit holder's premises.
(d)  The commission shall adopt rules regulating the shared use of the permitted premises under this section to ensure administrative accountability of each permit holder and a strict separation between the businesses and operations of the permit holders.
Added by Acts 2023, 88th Leg., R.S., Ch. 10 (S.B. 60), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 37 - Nonresident Seller's Permit › Section 37.03. Permit Required

Sec. 37.03.  PERMIT REQUIRED.  A nonresident seller's permit is required of any distillery, winery, importer, broker, or person who sells liquor to permittees authorized to import liquor into this state, regardless of whether the sale is consummated inside or outside the state.
Acts 1977, 65th Leg., p. 445, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 37 - Nonresident Seller's Permit › Section 37.05. Appointment of Agent for Service of Notice

Sec. 37.05.  APPOINTMENT OF AGENT FOR SERVICE OF NOTICE.  (a)  No person may be issued a nonresident seller's permit until he shows that he has filed a certificate with the secretary of state certifying that he has appointed a resident of this state as his agent for the purposes of this section.  The certificate shall contain the name, street address, and business of the agent.
(b)  A notice of a hearing for the refusal, cancellation, or suspension of a permit may be served on any of the following:
(1)  the agent designated in the certificate on file with the secretary of state;
(2)  any person authorized to sell liquor in this state as agent of the permittee;  or
(3)  the permittee or, if the permittee is a corporation, any officer of the corporation.
(c)  If a permittee fails to maintain a designated agent, notice of a hearing may be served on the secretary of state.  In that case, the secretary of state shall forward the notice to the permittee by registered mail, return receipt requested, and the receipt shall be prima facie evidence of service on the permittee.
(d)  Provisions of this code generally applicable to hearings for the refusal, cancellation, or suspension of a permit also to  apply to proceedings relating to the refusal, cancellation, or suspension of a nonresident seller's permit.
Acts 1977, 65th Leg., p. 445, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 37 - Nonresident Seller's Permit › Section 37.06. Designation of Agents

Sec. 37.06.  DESIGNATION OF AGENTS.  Every holder of a nonresident seller's permit shall designate, in the manner required by the commission and on forms prescribed by it, those persons authorized as agents to represent the permittee in this state.  The failure to do so is a violation of this code.
Acts 1977, 65th Leg., p. 446, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 37 - Nonresident Seller's Permit › Section 37.07. Prohibited Activities

Sec. 37.07.  PROHIBITED ACTIVITIES.  No holder of a nonresident seller's permit, nor any officer, director, agent, or employee of the holder, nor any affiliate of the holder, regardless of whether the affiliation is corporate or by management, direction, or control, may do any of the following:
(1)  hold or have an interest in the permit, business, assets, or corporate stock of a person authorized to import liquor into this state for the purpose of resale unless the interest was acquired on or before January 1, 1941, or unless the permittee is a Texas corporation holding a manufacturer's license and a brewer's permit issued before April 1, 1971;
(2)  fail to make or file a report with the commission as required by a rule of the commission;
(3)  sell liquor for resale inside this state that fails to meet the standards of quality, purity, and identity prescribed by the commission;
(4)  advertise any liquor contrary to the laws of this state or to the rules of the commission, or sell liquor for resale in this state in violation of advertising or labeling rules of the commission;
(5)  sell liquor for resale inside this state or cause it to be brought into the state in a size of container prohibited by this code or by rule of the commission;
(6)  solicit or take orders for liquor from a person not authorized to import liquor into this state for the purpose of resale;
(7)  induce, persuade, or influence, or attempt to induce, persuade, or influence, a person to violate this code or a rule of the commission, or conspire with a person to violate this code or a rule of the commission;  or
(8)  exercise a privilege granted by a nonresident seller's permit while an order or suspension against the permit is in effect.
Acts 1977, 65th Leg., p. 446, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 37 - Nonresident Seller's Permit › Section 37.08. Cancellation or Suspension: Notice to Importers

Sec. 37.08.  CANCELLATION OR SUSPENSION:  NOTICE TO IMPORTERS.  When a nonresident seller's permit is cancelled or suspended, the commission shall immediately notify in writing all permittees authorized to import liquor into the state.
Acts 1977, 65th Leg., p. 447, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 37 - Nonresident Seller's Permit › Section 37.09. Restriction on Importation

Sec. 37.09.  RESTRICTION ON IMPORTATION.  No person who holds a permit authorizing the importation of liquor, nor his agent or employee, may purchase or order liquor for importation from any person other than a nonresident seller's permittee.  An importer may not purchase or order liquor from a nonresident seller's permittee whose permit is under suspension after the importer has received notice of the suspension.
Acts 1977, 65th Leg., p. 447, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 37 - Nonresident Seller's Permit › Section 37.10. Restriction as to Source of Supply

Sec. 37.10.  RESTRICTION AS TO SOURCE OF SUPPLY.  (a)  No holder of a nonresident seller's permit may solicit, accept, or fill an order for distilled spirits or wine from a holder of any type of wholesaler's or winery permit unless the nonresident seller is the primary American source of supply for the brand of distilled spirits or wine that is ordered.
(b)  In this section, "primary American source of supply" means the distiller, the producer, the owner of the commodity at the time it becomes a marketable product, the bottler, or the exclusive agent of any of those.  To be the "primary American source of supply" the nonresident seller must be the first source, that is, the manufacturer or the source closest to the manufacturer, in the channel of commerce from whom the product can be secured by Texas wholesalers and Texas wineries.  Except as provided by Subsection (c), a product may have only one primary American source of supply to Texas.
(c)  A product may have more than one primary American source of supply to Texas if the product is a wine that is bottled or produced outside of the United States.
Acts 1977, 65th Leg., p. 447, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1181 (S.B. 950), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 37 - Nonresident Seller's Permit › Section 37.12. Inspection of Records, Documents, Etc

Sec. 37.12.  INSPECTION OF RECORDS, DOCUMENTS, ETC.  (a)  In this section, "officer" means a representative of the commission, the attorney general, or an assistant or representative of the attorney general.
(b)  If an officer wishes to examine the books, accounts, records, minutes, letters, memoranda, documents, checks, telegrams, constitution and bylaws, or other records of a nonresident seller's permittee, he shall make a written request to the permittee or his duly authorized manager or representative or, if the permittee is a corporation, to any officer of the corporation.  An officer may examine the records as often as he considers necessary.
(c)  When a request for an examination is made, the person to whom it is directed shall immediately allow the officer to conduct the examination, and the person shall answer under oath any question asked by the officer relating to the records.
(d)  The officer may investigate the organization, conduct, and management of any nonresident seller's permittee and may make copies of any records which in the officer's judgment may show or tend to show that the permittee has violated state law or the terms of his permit.
(e)  An officer may not make public any information obtained under this section except to a law enforcement officer of this state or in connection with an administrative or judicial proceeding in which the state or commission is a party concerning the cancellation or suspension of a nonresident seller's permit, the collection of taxes due under state law, or the violation of state law.
(f)  The commission shall cancel or suspend a nonresident seller's permit in accordance with this code if a permittee or his authorized representative fails or refuses to permit an examination authorized by this section or to permit the making of copies of any document as provided by this section, without regard to whether the document is inside or outside the state, or if the permittee or his authorized representative fails or refuses to answer a question of an officer incident to an examination or investigation in progress.
Acts 1977, 65th Leg., p. 448, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 37 - Nonresident Seller's Permit › Section 37.13. Solicitation From Holder of Mixed Beverage or Private Club Permit

Sec. 37.13.  SOLICITATION FROM HOLDER OF MIXED BEVERAGE OR PRIVATE CLUB PERMIT.  A holder of a nonresident seller's permit may not solicit business directly or indirectly from a holder of a mixed beverage permit or a private club registration permit unless he is accompanied by the holder of a wholesaler's permit or the wholesaler's agent.
Acts 1977, 65th Leg., p. 448, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 37 - Nonresident Seller's Permit › Section 37.14. Monthly Reports

Sec. 37.14.  MONTHLY REPORTS.  The commission shall promulgate rules requiring holders of nonresident seller's permits to file monthly reports of liquor sold to persons within this state.  The reports shall be supported by copies of invoices.  The commission shall prescribe and furnish forms for this purpose.
Acts 1977, 65th Leg., p. 448, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 38 - Industrial Use of Alcohol › Section 38.01. Authorized Activities

Sec. 38.01.  AUTHORIZED ACTIVITIES.  (a)  In this section, "industrial alcohol" means an alcohol that is produced for industrial purposes only and is not fit for human consumption.
(b)  A person may:
(1)  manufacture, rectify, refine, transport, and store industrial alcohol;
(2)  denature industrial alcohol;
(3)  sell denatured or industrial alcohol to qualified persons inside or outside the state; and
(4)  blend industrial alcohol with petroleum distillates and sell or use the resulting product as a motor fuel.
(c)  A person may import, transport, and use alcohol or denatured alcohol for the manufacture and sale of any of the following products:
(1)  denatured alcohol;
(2)  patent, proprietary, medicinal, pharmaceutical, antiseptic, and toilet preparations;
(3)  flavoring extracts, syrups, condiments, and food products; and
(4)  scientific, chemical, mechanical, and industrial products, or products used for scientific, chemical, mechanical, industrial, or medicinal purposes.
Acts 1977, 65th Leg., p. 449, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 144, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 38 - Industrial Use of Alcohol › Section 38.05. Other Code Provisions Inapplicable

Sec. 38.05.  OTHER CODE PROVISIONS INAPPLICABLE. The provisions of this code do not apply to alcohol intended for industrial, medicinal, mechanical, or scientific purposes.
Acts 1977, 65th Leg., p. 449, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 145, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 38 - Industrial Use of Alcohol › Section 38.06. Activities Tax Free

Sec. 38.06.  ACTIVITIES TAX FREE.  The taxes imposed by this code do not apply to activities authorized in Section 38.01.
Acts 1977, 65th Leg., p. 449, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 146, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 41 - Carrier Permit › Section 41.01. Authorized Activities

Sec. 41.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a carrier permit may transport liquor into and out of this state and between points within the state.
(b)  The holder may transport liquor from one wet area to another wet area across a dry area if that course of transportation is necessary or convenient.
(c)  The holder of a carrier permit who transports liquor to the premises of a wholesaler, including to a location from which the wholesaler is temporarily conducting business under Section 109.62, shall provide to the consignee a shipping invoice that clearly states:
(1)  the name and address of the consignor and consignee;
(2)  the origin and destination of the shipment; and
(3)  any other information required by this code or commission rule, including the brands, sizes of containers, types, and quantities of liquor contained in the shipment.
Acts 1977, 65th Leg., p. 455, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 517 (H.B. 2035), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 41 - Carrier Permit › Section 41.03. Eligibility for Permit

Sec. 41.03.  ELIGIBILITY FOR PERMIT.  A carrier permit may be issued to:
(1)  a water carrier;
(2)  an airline;
(3)  a railway;
(4)  a motor carrier registered under Chapter 643, Transportation Code;  or
(5)  a common carrier operating under a certificate issued by the Interstate Commerce Commission.
Acts 1977, 65th Leg., p. 455, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1995, 74th Leg., ch. 705, Sec. 5, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 30.173, eff. Sept. 1, 1997.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 41 - Carrier Permit › Section 41.04. Required Information

Sec. 41.04.  REQUIRED INFORMATION.  The holder of a carrier permit shall furnish information required by the commission concerning the transportation of liquor.
Acts 1977, 65th Leg., p. 455, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 41 - Carrier Permit › Section 41.05. Transportation of Wine Out of State

Sec. 41.05.  TRANSPORTATION OF WINE OUT OF STATE.  At the request of a holder of a winery permit, a common carrier that does not hold a carrier permit may transport wine from the premises of the holder of the winery permit or from another location where the holder of a winery permit may legally store wine to a destination out of this state, if the common carrier may otherwise legally transport wine and the holder of the winery permit furnishes to the commission any documentation required by the commission concerning the transportation and the receipt of the wine at the destination out of this state.
Added by Acts 1989, 71st Leg., ch. 1017, Sec. 1, eff. June 15, 1989.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 43 - Local Cartage Permit › Section 43.01. Authorized Activities

Text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 434 (S.B. 1232), Sec. 2
For text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 147, see other Sec. 43.01.
Sec. 43.01.  AUTHORIZED ACTIVITIES.  (a)  A warehouse or transfer company that holds a local cartage permit may transport liquor for hire inside the corporate limits of any city or town in the state.
(b)  A package store, wine only package store, or local distributor's permittee who also holds a local cartage permit may transfer alcoholic beverages in accordance with Sections 22.08, 23.04, and 24.04 of this code.
(c)  A package store, wine only package store, or wine and beer retailer's permittee who also holds a local cartage permit may make deliveries to and collections from customers in accordance with Section 22.03, 24.03, or 25.15, as appropriate.
Acts 1977, 65th Leg., p. 457, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 434 (S.B. 1232), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 43 - Local Cartage Permit › Section 43.01. Authorized Activities

Text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 147
For text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 434 (S.B. 1232), Sec. 2, see other Sec. 43.01.
Sec. 43.01.  AUTHORIZED ACTIVITIES.  A warehouse or transfer company that holds a local cartage permit may transport liquor for hire inside the corporate limits of any city or town in the state.
Acts 1977, 65th Leg., p. 457, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 147, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 43 - Local Cartage Permit › Section 43.03. Permit Required

Sec. 43.03.  PERMIT REQUIRED.  No person may transport liquor for hire inside a city or town unless he holds a local cartage permit.  No person may transport liquor in violation of the motor carrier laws of this state.
Acts 1977, 65th Leg., p. 457, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 43 - Local Cartage Permit › Section 43.04. Eligibility for Permit

Text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 434 (S.B. 1232), Sec. 3
For text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 148, see other Sec. 43.04.
Sec. 43.04.  ELIGIBILITY FOR PERMIT.  The commission may issue a local cartage permit to a warehouse or transfer company or to a holder of a package store, wine only package store, wine and beer retailer's, or local distributor's permit.
Acts 1977, 65th Leg., p. 457, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 434 (S.B. 1232), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 43 - Local Cartage Permit › Section 43.04. Eligibility for Permit

Text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 148
For text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 434 (S.B. 1232), Sec. 3, see other Sec. 43.04.
Sec. 43.04.  ELIGIBILITY FOR PERMIT.  The commission may issue a local cartage permit to a warehouse or transfer company.
Acts 1977, 65th Leg., p. 457, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 148, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 43 - Local Cartage Permit › Section 43.05. Vehicles Used by Permittee

Sec. 43.05.  VEHICLES USED BY PERMITTEE.  (a)  No local cartage permittee may transport liquor unless:
(1)  a description of each vehicle used in the transportation, as required by the commission, has been submitted to the commission;  and
(2)  each vehicle has been plainly marked or lettered to indicate that it is being used for the transportation of liquor by a local cartage permittee.
(b)  The transportation of liquor by a permittee in a vehicle not described and marked in accordance with this section is a violation of this code and is a ground for the cancellation of the permit.
Acts 1977, 65th Leg., p. 457, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 43 - Local Cartage Permit › Section 43.06. Certain Transportation Prohibited

Sec. 43.06.  CERTAIN TRANSPORTATION PROHIBITED.  No holder of a local cartage permit may for hire transport liquor between incorporated cities or towns in this state.
Acts 1977, 65th Leg., p. 457, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 46 - Bonded Warehouse Permit › Section 46.01. Authorized Activities

Sec. 46.01.  AUTHORIZED ACTIVITIES.  The holder of a bonded warehouse permit may store liquor for any permittee who holds a permit authorizing its storage in a public bonded warehouse.
Acts 1977, 65th Leg., p. 459, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 46 - Bonded Warehouse Permit › Section 46.03. Qualifications for Permit

Sec. 46.03.  QUALIFICATIONS FOR PERMIT.  (a)  A bonded warehouse permit may be issued to any public bonded warehouse that:
(1)  derives at least 50 percent of its gross revenue in a bona fide manner during each three-month period from the storage of goods or merchandise other than liquor;  and
(2)  is not located in a dry area.
(b)  A bonded warehouse permit may be issued to a public bonded warehouse described by Subsection (a)(1) of this section that is located in a dry area only for the storage of the wine of the holder of a winery permit who holds a permit authorizing its storage in a public bonded warehouse.
Acts 1977, 65th Leg., p. 459, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 46, eff. Sept. 1, 1993.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 46 - Bonded Warehouse Permit › Section 46.04. Storage Information

Sec. 46.04.  STORAGE INFORMATION.  The holder of a bonded warehouse permit shall furnish such information concerning the liquor stored and withdrawn as may be required by the commission.
Acts 1977, 65th Leg., p. 459, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 48 - Passenger Transportation Permit › Section 48.01. Authorized Activities

Sec. 48.01.  AUTHORIZED ACTIVITIES.  A passenger transportation permit authorizes the permit holder to sell or serve the types of alcoholic beverages specifically authorized by this chapter.
Added by Acts 1985, 69th Leg., ch. 540, Sec. 2, eff. June 12, 1985.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 230 (H.B. 2196), Sec. 1, eff. September 1, 2019.
Reenacted by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 2.001(a), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 48 - Passenger Transportation Permit › Section 48.02. Permit for Excursion Boat

Sec. 48.02.  PERMIT FOR EXCURSION BOAT.  (a)  A passenger transportation permit may be issued for:
(1)  a regularly scheduled excursion boat which is licensed by the United States Coast Guard to carry passengers on the navigable waters of the state if the boat:
(A)  carries at least 45 passengers;
(B)  weighs at least 35 gross tons;  and
(C)  is at least 55 feet long; or
(2)  a boat that:
(A)  carries at least 350 passengers;
(B)  weighs at least 90 gross tons; and
(C)  is at least 80 feet long.
(b)  The holder of a passenger transportation permit issued under Subsection (a)(1) may sell the same alcoholic beverages as the holder of a mixed beverage permit if:
(1)  the home port of the boat is in an area where the sale of mixed beverages is legal or the boat is regularly used for voyages in international waters as provided by Subsection (h); and
(2)  the owner or operator of the boat is the sole permit holder for the boat.
(c)  The holder of a passenger transportation permit issued under Subsection (a)(1) may sell the same alcoholic beverages as the holder of a wine and malt beverage retailer's permit if the home port of the boat is in an area where the sale of malt beverages and wine is legal.
(d)  The holder of a passenger transportation permit issued under Subsection (a)(2) may sell the same alcoholic beverages as the holder of a mixed beverage permit if:
(1)  the home port of the boat is in an area where the sale of mixed beverages is legal; or
(2)  the boat is regularly used for voyages in international waters as provided by Subsection (h).
(e)  A passenger transportation permit issued under this section is inoperative in a dry area.
(f)  For purposes of Section 11.38, the home port of the boat is treated as the location of the permitted premises.
(g)  The provisions of Section 109.53 that relate to residency requirements and compliance with Texas laws of incorporation do not apply to the holder of a passenger transportation permit under this section.
(h)  A passenger transportation permit may be issued under this section to a boat regularly used for voyages in international waters regardless of whether the sale of mixed beverages is lawful in the area of the home port.  A person having authority to deliver alcoholic beverages to a passenger transportation permit holder in the county where the permitted premises is located may deliver alcoholic beverages purchased by the permit holder.
Added by Acts 1985, 69th Leg., ch. 540, Sec. 2, eff. June 12, 1985.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 149, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 48 - Passenger Transportation Permit › Section 48.05. Permit for Passenger Bus

Sec. 48.05.  PERMIT FOR PASSENGER BUS.  (a)  A passenger transportation permit may be issued to any corporation operating a commercial passenger bus service in or through the state using a passenger bus that:
(1)  is designed and used for the regularly scheduled intercity transportation of passengers for compensation;
(2)  is characterized by integral construction with:
(A)  an elevated passenger deck over a baggage compartment;
(B)  a passenger seating capacity of at least 16 and not more than 36; and
(C)  a separate galley area;
(3)  is at least 35 feet in length; and
(4)  while transporting passengers for compensation, also transports an attendant who:
(A)  is not the operator of the bus; and
(B)  has attended a commission-approved seller training program.
(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 passenger bus even though the bus, in the course of its drive, may cross an area in which the sale of alcoholic beverages is prohibited; and
(2)  store alcoholic beverages at the permitted location.
(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)  Only a holder of a wholesale permit may sell liquor to the holder of a passenger transportation permit issued under this section. A sale of liquor to the holder of a passenger transportation permit issued under this section shall be considered as a sale at retail to a consumer.
Added by Acts 1985, 69th Leg., ch. 540, Sec. 2, eff. June 12, 1985.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 149, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 50 - Promotional Permit › Section 50.001. Authorized Activities

Sec. 50.001.  AUTHORIZED ACTIVITIES.  The holder of a promotional permit may, on behalf of a distiller, brewer, rectifier, or winery with whom the promotional permit holder has entered into a contract for the purposes of this chapter, engage in activities to promote and enhance the sale of an alcoholic beverage in this state, including activities that take place on the premises of the holder of a permit or license under this code.
Redesignated from Alcoholic Beverage Code, Chapter 54 and amended by Acts 2007, 80th Leg., R.S., Ch. 468 (H.B. 1365), Sec. 1, eff. June 16, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 150, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 50 - Promotional Permit › Section 50.003. Prohibited Activities

Sec. 50.003.  PROHIBITED ACTIVITIES.  The holder of a promotional permit may not hold an interest, directly or indirectly, in a permit or license issued under this code other than a contract to promote and enhance the sale of alcoholic beverages as authorized by this chapter.
Redesignated from Alcoholic Beverage Code, Chapter 54 and amended by Acts 2007, 80th Leg., R.S., Ch. 468 (H.B. 1365), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 50 - Promotional Permit › Section 50.004. Nonapplicability of Certain Requirements to Permit Holder

Sec. 50.004.  NONAPPLICABILITY OF CERTAIN REQUIREMENTS TO PERMIT HOLDER.  Notwithstanding Section 6.03, 11.46, 11.61, or 109.53, or any other law, the holder of a promotional permit is not required to be a resident of this state.
Redesignated from Alcoholic Beverage Code, Chapter 54 and amended by Acts 2007, 80th Leg., R.S., Ch. 468 (H.B. 1365), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 51 - Operation of Minibars › Section 51.02. Authorized Activities

Sec. 51.02.  AUTHORIZED ACTIVITIES.  The holder of a mixed beverage permit issued for operation in a hotel may sell the following alcoholic beverages out of a minibar:
(1)  distilled spirits in containers of not less than one ounce nor more than two ounces;
(2)  wine and vinous liquors in containers of not more than 13 fluid ounces; and
(3)  malt beverages in containers of not more than 12 fluid ounces.
Added by Acts 1989, 71st Leg., ch. 692, Sec. 2, eff. June 14, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 152, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 51 - Operation of Minibars › Section 51.03. Limited Access to Minibar

Sec. 51.03.  LIMITED ACCESS TO MINIBAR.  (a)  Minibars shall be of such design as to prevent access to alcoholic beverages to all persons who do not have a minibar key.  The minibar key shall be different from the hotel guestroom key, and the mixed beverage permittee may not provide the minibar key to any person who is not of legal drinking age.
(b)  A mixed beverage permittee may not provide a minibar key to any person other than an employee of the permittee or a registered guest of the hotel.
Added by Acts 1989, 71st Leg., ch. 692, Sec. 2, eff. June 14, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 153, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 51 - Operation of Minibars › Section 51.04. Stocking Restrictions

Sec. 51.04.  STOCKING RESTRICTIONS.  (a)  All employees handling distilled spirits, wine, and malt beverages being stocked in the minibar must be at least 18 years of age.
(b)  A minibar may not be restocked or replenished during any hours that a mixed beverage permittee may not sell alcoholic beverages at the location as provided by Section 105.03 of this code and it may contain no more than 40 individual containers of alcoholic beverages at any one time.
(c)  A minibar may only be maintained, serviced, or stocked with alcoholic beverages by a person who is an employee of the holder of a mixed beverage permit, and no other person shall be authorized to add alcoholic beverages to a minibar or, with the exception of a registered hotel guest consumer, to remove alcoholic beverages from a minibar.
(d)  A mixed beverage permit holder who operates a minibar shall adhere to standards of quality and purity of alcoholic beverages prescribed by the commission and shall destroy any alcoholic beverages contained in a minibar on the date which is considered by the manufacturer of the alcoholic beverage to be the date the product becomes inappropriate for sale to a consumer.
Added by Acts 1989, 71st Leg., ch. 692, Sec. 2, eff. June 14, 1989.  Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 47, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 154, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 51 - Operation of Minibars › Section 51.06. Prohibited Interests

Sec. 51.06.  PROHIBITED INTERESTS.  The holder of a mixed beverage permit who operates a minibar may not have a direct or indirect interest in a package store permit, and a package store may not be located on the premises of a hotel in which a mixed beverage permittee operates a minibar.
Added by Acts 1989, 71st Leg., ch. 692, Sec. 2, eff. June 14, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 155, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 51 - Operation of Minibars › Section 51.08. Distilled Spirits Purchases

Sec. 51.08.  DISTILLED SPIRITS PURCHASES.  Distilled spirits purchased for resale in a minibar must be purchased in unbroken cases, and the cases shall bear the appropriate identification stamps.
Added by Acts 1989, 71st Leg., ch. 692, Sec. 2, eff. June 14, 1989.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 51 - Operation of Minibars › Section 51.09. Coin-Operated Machines Prohibited

Sec. 51.09.  COIN-OPERATED MACHINES PROHIBITED.  Nothing in this chapter shall be construed as authorizing nor may the commission or administrator authorize the sale of any alcoholic beverage from a coin-operated machine or similar device operated by the consumer.
Added by Acts 1989, 71st Leg., ch. 692, Sec. 2, eff. June 14, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 13, eff. September 1, 2013.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 51 - Operation of Minibars › Section 51.10. Commission May Adopt Rules

Sec. 51.10.  COMMISSION MAY ADOPT RULES.  The commission may adopt rules necessary to regulate the use and operation of minibars.
Added by Acts 1989, 71st Leg., ch. 692, Sec. 2, eff. June 14, 1989.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 54 - Out-of-State Winery Direct Shipper's Permit › Section 54.01. Authorized Activities

Sec. 54.01.  AUTHORIZED ACTIVITIES.  The holder of an out-of-state winery direct shipper's permit may sell and deliver wine that is produced or bottled by the permittee to an ultimate consumer located in the State of Texas.  Delivery must be by the holder of a carrier permit.
Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 2, eff. May 9, 2005.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 54 - Out-of-State Winery Direct Shipper's Permit › Section 54.02. Prohibited Activities

Sec. 54.02.  PROHIBITED ACTIVITIES.  The holder of an out-of-state winery direct shipper's permit may not:
(1)  sell or ship wine to a minor;
(2)  deliver wine to a consumer using a carrier that does not hold a carrier's permit under this code;
(3)  deliver to the same consumer in this state more than nine gallons of wine within any calendar month or more than 36 gallons of wine within any 12-month period; or
(4)  sell to ultimate consumers more than 35,000 gallons of wine annually.
Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 2, eff. May 9, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 346 (H.B. 1084), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 54 - Out-of-State Winery Direct Shipper's Permit › Section 54.03. Qualifications for Permit

Sec. 54.03.  QUALIFICATIONS FOR PERMIT.  An out-of-state winery direct shipper's permit may only be issued to a person who:
(1)  does not hold a winery permit in the State of Texas;
(2)  operates a winery located in the United States and holds all state and federal permits necessary to operate the winery, including the federal winemaker's and blender's basic permit;
(3)  holds a Texas sales tax permit;
(4)  expressly submits to personal jurisdiction in Texas state and federal courts and expressly submits to venue in Travis County, Texas, as proper venue for any proceedings that may be initiated by or against the commission; and
(5)  does not directly or indirectly have any financial interest in a Texas wholesaler or retailer as those terms are used in Section 102.01.
Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 2, eff. May 9, 2005.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 54 - Out-of-State Winery Direct Shipper's Permit › Section 54.05. Identification Requirements

Sec. 54.05.  IDENTIFICATION REQUIREMENTS.  (a)  All wine sold or shipped by the holder of an out-of-state winery direct shipper's permit must be in a package that is clearly and conspicuously labeled showing that:
(1)  the package contains wine; and
(2)  the package may only be delivered to a person described in Subsection (b).
(b)  Wine sold or shipped by a holder of an out-of-state winery direct shipper's permit may not be delivered to any person other than:
(1)  the person who purchased the wine;
(2)  a recipient designated in advance by such purchaser; or
(3)  a person at the delivery address who is age 21 or over.
(c)  Wine may be delivered only to a person who is age 21 or over after the person accepting the package:
(1)  presents valid proof of identity and age; and
(2)  personally signs a receipt acknowledging delivery of the package.
Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 2, eff. May 9, 2005.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.