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.