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Texas Alcoholic Beverage Code - Section 107.07. Importation For Personal Use; Importation By Railroad Companies

Legal Research Home > Texas Laws > Alcoholic Beverage Code > Texas Alcoholic Beverage Code - Section 107.07. Importation For Personal Use; Importation By Railroad Companies

§ 107.07. IMPORTATION FOR PERSONAL USE;  IMPORTATION BY 
RAILROAD COMPANIES.  (a) A Texas resident may import not more than 
one quart of liquor for his own personal use without being required 
to hold a permit.  A Texas resident may import for his own personal 
use not more than three gallons of wine without being required to 
hold a permit.  A nonresident of Texas may import not more than a 
gallon of liquor for his own personal use without being required to 
hold a permit.  A person importing liquor into the state under this 
subsection must pay the state tax on liquor and an administrative 
fee of 50 cents and must affix the required tax stamps.  No minor and 
no intoxicated person may import any liquor into the state.  A 
person importing wine or liquor under this subsection must 
personally accompany the wine or liquor as it enters the state.  A 
person may not avail himself of the exemptions set forth in this 
subsection more than once every thirty days.
	(b)  A person may import beer into this state for his own 
personal use without being required to hold a license, but may not 
import more than 24 twelve-ounce bottles or an equivalent quantity 
in any one thirty-day period.  He must pay the state tax on beer and 
an administrative fee of 50 cents.
	(c)  A member of the armed forces stationed in Texas is 
treated as a Texas resident for the purposes of Subsections (a) and 
(b) of this section.
	(d)  A railroad company operating in this state may import 
beer owned by the company in quantities necessary to meet the needs 
of its passengers, but it may not sell or serve beer in a dry area.
	(e)  The administrative fees collected under this section 
shall be used by the commission for the administrative costs of 
enforcing the requirements of Subsections (a) and (b) of this 
section.
	(f)  Except as provided by Chapter 54, any person in the 
business of selling alcoholic beverages in another state or country 
who ships or causes to be shipped any alcoholic beverage directly to 
any Texas resident under this section is in violation of this code.
	(g)  In computing the total amount of taxes and 
administrative fees to be collected on alcoholic beverages imported 
by a person into the state for personal use, the commission may 
round the amount up to the nearest quarter of a dollar.

Acts 1977, 65th Leg., p. 518, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1981, 67th Leg., p. 258, ch. 107, § 14, eff. 
Sept. 1, 1981;  Acts 1981, 67th Leg., p. 2212, ch. 515, § 2, eff. 
Aug. 31, 1981;  Acts 1985, 69th Leg., ch. 285, § 12, eff. Sept. 1, 
1986;  Acts 1985, 69th Leg., ch. 462, § 13, eff. Sept. 1, 1986;  
Acts 1986, 69th Leg., 3rd C.S., ch. 9, § 1, eff. Sept. 30, 1986;  
Acts 1987, 70th Leg., ch. 495, § 2, eff. Aug. 31, 1987;  Acts 
1995, 74th Leg., ch. 135, § 1, eff. Aug. 28, 1995;  Acts 2005, 
79th Leg., ch. 36, § 3, eff. May 9, 2005;  Acts 2005, 79th Leg., 
ch. 792, § 1, eff. Sept. 1, 2005.

Validity                                                                      

Subsections (a) and (f) of this section have been declared 
unconstitutional by Dickerson v. Bailey, 336 F.3d. 388.

Last modified: August 11, 2007