HB 2441

relating to the delivery and direct shipment of malt beverages to
ultimate consumers; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 41.01, Alcoholic Beverage Code, is
Sec. 41.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a
carrier permit may transport malt beverages and liquor into and out
of this state and between points within the state.
(b)  The holder may transport malt beverages and liquor from
one wet area to another wet area across a dry area if that course of
transportation is necessary or convenient.
(c)  The holder of a carrier permit who transports malt
beverages or liquor to the premises of a wholesaler, including to a
location from which the wholesaler is temporarily conducting
business under Section 109.62, shall provide to the consignee a
shipping invoice that clearly states:
(1)  the name and address of the consignor and
(2)  the origin and destination of the shipment; and
(3)  any other information required by this code or
commission rule, including the brands, sizes of containers, types,
and quantities of malt beverages and liquor contained in the
SECTION 2.  Section 41.04, Alcoholic Beverage Code, is
Sec. 41.04.  REQUIRED INFORMATION.  The holder of a carrier
permit shall furnish information required by the commission
concerning the transportation of malt beverages and liquor.
SECTION 3.  Section 57.01, Alcoholic Beverage Code, is
Sec. 57.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a
consumer delivery permit may contract with or employ a driver for
the delivery of an alcoholic beverage from the premises of the
holder of a retailer's or manufacturer's permit or license
described by Subsection (b) to an ultimate consumer located in an
area where the sale of the beverage is legal.
(b)  An alcoholic beverage may be delivered under this
section only if the alcoholic beverage is sold or served to the
ultimate consumer by the holder of a:
(2)  wine only package store permit;
(3)  wine and beer retailer's permit;
(4)  wine and beer retailer's off-premise permit;
(5)  retail dealer's on-premise license;
(6)  retail dealer's off-premise license;
(7)  mixed beverage permit authorized to deliver
alcoholic beverages under Section 28.1001; [or]
(8)  private club permit authorized to deliver
alcoholic beverages under Section 32.155; or
SECTION 4.  Section 57.02(b), Alcoholic Beverage Code, is
(b)  The holder of a consumer delivery permit may make
deliveries of alcoholic beverages:
(1)  only in response to bona fide orders placed by the
consumer under Section 57.01; and
(2)  only in areas where the sale of the beverages is
(A)  the county in which the premises of the
retailer or manufacturer making the sale is located;
(B)  the city or town in which the premises of the
retailer or manufacturer making the sale is located, if the
retailer or manufacturer is located in a city or town; or
(C)  an area not further than two miles beyond the
municipal boundary of the city or town in which the premises of the
retailer or manufacturer is located, if applicable.
SECTION 5.  Section 57.06(c), Alcoholic Beverage Code, is
(c)  An alcoholic beverage may be delivered under this
chapter outside the hours of operation of the retailer or
manufacturer from which the delivery is being made only if the
(1)  receives the beverage from the retailer or
manufacturer during the retailer's or manufacturer's hours of legal
(2)  completes the delivery to the consumer in a
reasonable amount of time after leaving the retailer's or
SECTION 6.  Section 57.07, Alcoholic Beverage Code, is
Sec. 57.07.  RETAILER AND MANUFACTURER RESPONSIBILITY.  (a)
A retailer's or manufacturer's responsibilities under this code
regarding delivery of an alcoholic beverage to an ultimate consumer
are considered satisfied at the time the retailer or manufacturer
transfers possession of an alcoholic beverage to the consumer
delivery permittee or a delivery driver employed by, contracted
with, or acting on behalf of the holder of a consumer delivery
(b)  An action by a consumer delivery permittee or by a
delivery driver is not attributable to the retailer or manufacturer
(1)  providing, selling, or serving alcohol to a minor
or to an intoxicated individual;
(2)  the delivery of alcohol in a dry or otherwise
illegal area, unless the retailer or manufacturer has contractually
agreed to retain responsibility for ensuring that deliveries are
not directed to a dry or otherwise illegal area; or
(3)  any other provision of this code.
(c)  A retailer or manufacturer:
(1)  is not required to verify that the consumer
delivery permittee or the delivery driver has received delivery
driver training under Section 57.09(a)(1); and
(2)  may not be held responsible for any reason under
statutory or common law for the actions of a consumer delivery
permittee or a delivery driver acting on behalf of a consumer
SECTION 7.  Chapter 62, Alcoholic Beverage Code, is amended
by adding Section 62.123 to read as follows:
Sec. 62.123.  DIRECT SHIPMENT TO CONSUMERS.  (a)  The holder
of a brewer's license may ship to an ultimate consumer, including an
ultimate consumer located in a dry area, malt beverages sold by the
license holder to the ultimate consumer under Section 62.122(a)(2).
Delivery must be by the holder of a carrier or consumer delivery
(b)  All malt beverages shipped to an ultimate consumer by
the holder of a brewer's license must be in a package that is
clearly and conspicuously labeled showing that:
(1)  the package contains malt beverages; and
(2)  the package may be delivered only to a person
(c)  Malt beverages shipped by the holder of a brewer's
license may not be delivered to any person other than:
(1)  the person who purchased the malt beverages;
(2)  a recipient designated in advance by the
(3)  a person at the delivery address who is 21 years of
(d)  Malt beverages may be delivered only to a person who is
21 years of age or older and only after the person accepting the
(1)  presents valid proof of identity and age; and
(2)  personally signs a receipt acknowledging delivery
(e)  The holder of a brewer's license may not:
(1)  sell or ship malt beverages to a minor;
(2)  deliver malt beverages to a consumer using a
carrier that does not hold a carrier permit or a consumer delivery
(3)  deliver to the same consumer in this state more
than 288 fluid ounces of malt beverages per calendar day.
SECTION 8.  Subtitle B, Title 3, Alcoholic Beverage Code, is
amended by adding Chapter 63A to read as follows:
CHAPTER 63A.  OUT-OF-STATE BREWERY DIRECT SHIPPER'S LICENSE
Sec. 63A.01.  AUTHORIZED ACTIVITIES.  The holder of an
out-of-state brewery direct shipper's license may sell and deliver
malt beverages that are produced or bottled by the licensee to an
ultimate consumer located in the State of Texas.  Delivery must be
by the holder of a carrier permit.
Sec. 63A.02.  PROHIBITED ACTIVITIES.  The holder of an
out-of-state brewery direct shipper's license may not:
(1)  sell or ship malt beverages to a minor;
(2)  deliver malt beverages to a consumer using a
carrier that does not hold a carrier permit under this code;
(3)  deliver malt beverages to the same consumer on the
same calendar day in an amount that exceeds the daily authorization
(4)  sell malt beverages to ultimate consumers in this
state in an annual amount that exceeds the annual authorization
Sec. 63A.03.  QUALIFICATIONS FOR LICENSE.  An out-of-state
brewery direct shipper's license may only be issued to a person who:
(1)  does not hold a brewer's license in the State of
(2)  operates a brewery located in the United States
and holds all state and federal permits necessary to operate the
(3)  holds a Texas sales tax permit;
(4)  expressly submits to personal jurisdiction in
Texas state and federal courts and expressly submits to venue in
Travis County, Texas, as proper venue for any proceedings that may
be initiated by or against the commission; and
(5)  does not directly or indirectly have any financial
interest in a Texas wholesaler or retailer as those terms are used
Sec. 63A.04.  IDENTIFICATION REQUIREMENTS.  (a)  All malt
beverages sold or shipped by the holder of an out-of-state brewery
direct shipper's license must be in a package that is clearly and
conspicuously labeled showing that:
(1)  the package contains malt beverages; and
(2)  the package may only be delivered to a person
(b)  Malt beverages sold or shipped by a holder of an
out-of-state brewery direct shipper's license may not be delivered
(1)  the person who purchased the malt beverages;
(2)  a recipient designated in advance by the
(3)  a person at the delivery address who is 21 years of
(c)  Malt beverages may be delivered only to a person who is
21 years of age or older and only after the person accepting the
(1)  presents valid proof of identity and age; and
(2)  personally signs a receipt acknowledging delivery
Sec. 63A.05.  REPORTS AND RECORDKEEPING.  (a)  The holder of
an out-of-state brewery direct shipper's license shall maintain
records of all sales and deliveries made under the license.
(b)  The holder of an out-of-state brewery direct shipper's
license shall maintain complete sales and delivery records for all
sales and deliveries made under the license for at least five years
from the date of sale.  These records shall be made available on
request for inspection by the commission or any other appropriate
(c)  The commission shall establish rules requiring the
holder of an out-of-state brewery direct shipper's license to
periodically file reports providing the commission with such
information as the commission may determine is needed to more
efficiently and effectively enforce the state laws applicable to
Sec. 63A.06.  LIABILITY FOR AND PAYMENT OF TAXES.  (a)  Sales
made by the holder of an out-of-state brewery direct shipper's
license shall be considered to have been made in the State of Texas
for delivery in the State of Texas.
(b)  The holder of an out-of-state brewery direct shipper's
license shall be responsible for paying the following state taxes
related to sales and deliveries made under this chapter:
(1)  excise taxes on the malt beverages sold, payable
at the same rate and in the same manner as if the licensee were a
Texas brewer located in Texas; and
(2)  state sales and use taxes all payable at the same
rate and in the same manner as if the licensee were a Texas brewer
(c)  An ultimate consumer who purchases malt beverages from
the holder of an out-of-state brewery direct shipper's license
under this chapter shall be considered to be purchasing the malt
beverages from a Texas licensee and shall not be charged the
administrative fee for personal imports set forth in Section
Sec. 63A.07.  RESALE PROHIBITED.  A consumer purchasing malt
beverages from the holder of an out-of-state brewery direct
shipper's license may not resell the malt beverages, and any such
malt beverage that is resold is an illicit beverage as defined by
Sec. 63A.08.  DELIVERY AREAS.  Malt beverages shipped under
this chapter may be delivered to persons located in a dry area.
Sec. 63A.09.  LABEL APPROVAL NOT REQUIRED.  If the holder of
an out-of-state brewery direct shipper's license has satisfied all
federal label approval requirements for a particular brand of malt
beverages, then no further label approval shall be required by the
Sec. 63A.10.  RULES.  The commission shall adopt rules and
forms necessary to implement this chapter.
Sec. 63A.11.  PENALTY FOR SHIPPING WITHOUT LICENSE.  Any
person who does not hold an out-of-state brewery direct shipper's
license who sells and ships alcohol from outside of Texas to an
ultimate consumer in Texas commits on first offense a Class B
misdemeanor, on second offense a Class A misdemeanor, and on third
SECTION 9.  Chapter 74, Alcoholic Beverage Code, is amended
by adding Section 74.12 to read as follows:
Sec. 74.12.  DIRECT SHIPMENT TO CONSUMERS.  (a)  The holder
of a brewpub license may ship to an ultimate consumer, including an
ultimate consumer located in a dry area, malt beverages sold by the
license holder to the ultimate consumer under Section 74.01(a)(2).
Delivery must be by the holder of a carrier or consumer delivery
(b)  All malt beverages shipped to an ultimate consumer by
the holder of a brewpub license must be in a package that is clearly
and conspicuously labeled showing that:
(1)  the package contains malt beverages; and
(2)  the package may be delivered only to a person
(c)  Malt beverages shipped by the holder of a brewpub
license may not be delivered to any person other than:
(1)  the person who purchased the malt beverages;
(2)  a recipient designated in advance by the
(3)  a person at the delivery address who is 21 years of
(d)  Malt beverages may be delivered only to a person who is
21 years of age or older and only after the person accepting the
(1)  presents valid proof of identity and age; and
(2)  personally signs a receipt acknowledging delivery
(e)  The holder of a brewpub license may not:
(1)  sell or ship malt beverages to a minor; or
(2)  deliver malt beverages to a consumer using a
carrier that does not hold a carrier permit or a consumer delivery
SECTION 10.  Section 107.04, Alcoholic Beverage Code, is
Sec. 107.04.  DELIVERY OF MALT BEVERAGES IN DRY AREA.  (a)
Except as provided by Subsection (b), a [A] common carrier may not
deliver malt beverages in a dry area unless the malt beverages are
consigned to a general distributor's licensee who has previously
stated that the licensee intends to transport the malt beverages to
a licensed place of business in a wet area.  A common carrier who
transports malt beverages to a distributor in a dry area shall
comply strictly with this section and Section 107.02.
(b)  A common carrier may deliver malt beverages to an
ultimate consumer located in a dry area as authorized by Section
SECTION 11.  Section 107.06(c), Alcoholic Beverage Code, is
(c)  This section does not apply to:
(1)  the importation or transportation of military malt
beverages consigned to a military installation; or
(2)  [to] the importation of malt beverages as
authorized under Chapter 63A or Section 107.07.
SECTION 12.  Section 107.07(f), Alcoholic Beverage Code, is
(f)  Except as provided by Chapter 54 or 63A, 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
SECTION 13.  Section 74.01(f), Alcoholic Beverage Code, is
SECTION 14.  This Act takes effect September 1, 2025.