HBA-ALS H.B. 2137 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2137
By: Mowery
Licensing & Administrative Procedures
4/27/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, an adult resident can order beer from an out-of-state
supplier and have it shipped directly to the resident.  However, an adult
may not import wine or liquor into the state unless it is personally
accompanied by the individual upon entering the state.  Many wine
connoisseurs  believe this system is inequitable.   

H.B. 2137 removes the requirement that a person importing wine or liquor
must personally accompany the wine or liquor as it enters the state.   This
bill allows a supplier to ship an alcoholic beverage to a resident without
possessing a license or permit, provided that the supplier reports the
shipment to the Texas Alcoholic Beverage Commission and pays the required
tax or fee. This bill prohibits the supplier from shipping an alcoholic
beverage to a minor or to an individual in an area where the alcoholic
beverage may not lawfully be sold.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 107.07(a) and (f), Alcoholic Beverage Code, as
follows: 

(a) Deletes language providing that a person importing wine or liquor must
personally accompany the wine or liquor as it enters the state.  

(f)  Provides  that a supplier shipping an alcoholic beverage directly to a
resident of this state is not required to have a license or permit.
Provides that the supplier must report the shipment to the Texas Alcoholic
Beverage Commission (commission) on forms prescribed by the commission and
pay any required tax or fee in a manner prescribed by the commission.
Prohibits the supplier from shipping an alcoholic beverage to a minor or to
an individual in an area where the alcoholic beverage may not lawfully be
sold.  Authorizes a supplier to ship an alcoholic beverage only to an
individual for that individual's personal use. Deletes language providing
that a person in the business of selling alcoholic beverages in another
state or country who ships or causes to be shipped an alcoholic beverage
directly to a Texas resident violates this code. 
 
SECTION 2.  Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.    Emergency clause.