S.B. No. 246 amends the Alcoholic Beverage Code to establish new regulations for the delivery and direct shipment of distilled spirits and wine to consumers, including those in dry areas. The bill introduces a new section, 14.051, allowing holders of distiller's and rectifier's permits to ship distilled spirits directly to consumers via licensed carriers, with strict labeling and age verification requirements. It also creates a new chapter, 54A, for out-of-state distilleries to obtain direct shipper's permits, ensuring compliance with recordkeeping, tax responsibilities, and penalties for violations. Additionally, the bill expands eligibility for consumer delivery permits to various alcoholic beverage permit holders, aiming to modernize alcohol delivery while preventing underage access.
The legislation further clarifies the responsibilities of retailers and manufacturers regarding the delivery of alcoholic beverages, stating that their obligations are fulfilled once possession is transferred to a delivery permittee. It also introduces provisions for the direct shipment of malt beverages by brewers and brewpubs, with similar age verification and labeling requirements. The bill amends Section 107.07(f) to prohibit direct shipments of alcoholic beverages from out-of-state sellers to Texas residents, except as allowed under specific chapters, thereby tightening regulations. Furthermore, it repeals Section 14.05(d) to streamline the regulatory framework. The provisions of this Act are set to 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 16, Alcoholic Beverage Code 14, Alcoholic Beverage Code 57, Alcoholic Beverage Code 107, Alcoholic Beverage Code 41)