S.B. No. 246 amends the Alcoholic Beverage Code to permit the direct shipment of distilled spirits and malt beverages to consumers in Texas, including those in dry areas, by holders of distiller's and rectifier's permits, as well as brewers and brewpubs. The bill establishes requirements for packaging, labeling, and delivery, ensuring that shipments are only received by individuals aged 21 and older. It introduces an out-of-state distillery direct shipper's permit and an out-of-state brewery direct shipper's license, allowing out-of-state producers to sell and deliver their products directly to Texas consumers, provided they adhere to regulations such as age verification and tax obligations. The bill also expands eligibility for consumer delivery permits and emphasizes responsible delivery practices, with penalties for violations.

Additionally, the bill clarifies the responsibilities of retailers and manufacturers regarding the delivery of alcoholic beverages, stating that their obligations are fulfilled once they transfer possession to a delivery permittee or driver. It specifies that they are not liable for the actions of delivery drivers unless they have contractually retained responsibility. The bill modifies Section 107.07(f) to prohibit the shipment of alcoholic beverages to Texas residents by out-of-state sellers unless permitted under specific chapters of the code, and it repeals Section 14.05(d), which may have previously outlined certain regulations. These changes will take effect on September 1, 2025.

Statutes affected:
Introduced: Alcoholic Beverage Code 16.09, Alcoholic Beverage Code 41.01, Alcoholic Beverage Code 41.04, Alcoholic Beverage Code 57.01, Alcoholic Beverage Code 57.02, Alcoholic Beverage Code 57.04, Alcoholic Beverage Code 57.06, Alcoholic Beverage Code 57.07, Alcoholic Beverage Code 107.04, Alcoholic Beverage Code 107.05, Alcoholic Beverage Code 107.07, Alcoholic Beverage Code 14.05 (Alcoholic Beverage Code 107, Alcoholic Beverage Code 14, Alcoholic Beverage Code 16, Alcoholic Beverage Code 41, Alcoholic Beverage Code 57)