TABC Code - Texas Alcoholic Beverage Commission

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.
Sec. 107.08. TRANSPORTATION OF BEVERAGES FOR PERSONAL CONSUMPTION.
A person who purchases an alcoholic beverage for his own consumption may transport it from a place
where its sale is legal to a place where its possession is legal without holding a license or permit.
Sec. 107.09. SINGLE INVOICE AUTHORIZED. If the holder of a general, local, or branch
distributor's license also holds a wholesaler's, general class B wholesaler's, or local class B wholesaler's
permit, a written statement or invoice required as evidence of the sale of beer or liquor may be on the
same business form that is designed to reflect the sale of both liquor and beer, if all information required
by this code to be shown on a statement or invoice is reflected on the form and all other records required
by this code are maintained.
Sec. 107.10. TRANSPORTATION OF WINE COOLERS OR SPIRIT COOLERS. (a) A
holder of a wholesaler's, general class B wholesaler's, or local class B wholesaler's permit may transport
and sell wine coolers without a prior order if the holder complies with the provisions of this code and
rules of the commission applicable to the transportation and sale of beer by a holder of a distributor's
license.
(b) A holder of a wholesaler's permit may transport and sell spirit coolers without a prior
order if the holder complies with the provisions of this code and rules of the commission applicable to the
transportation and sale of beer by a holder of a distributor's license.
Sec. 107.11. IMPORTATION OF PERSONAL WINE COLLECTION. (a) A person who is
relocating a household may import, or contract with a motor carrier or another person to import, a
personal wine collection as a part of that person's household goods.
(b) Section 107.07 of this code does not apply to a person who is importing a personal wine
collection under Subsection (a) of this section.
Sec. 107.12. DIRECT SHIPMENT OF WINE. Notwithstanding Section 107.07, a person who
purchases wine while at a winery located in this state may ship or cause to be shipped the wine to the
person’s residence if the winery verifies that the person purchasing the wine is 21 years of age or older.
The person must be present when the wine is delivered to the person’s residence.
Texas Alcoholic Beverage Code (2009) 153