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TABC Code - Texas Alcoholic Beverage Commission

TABC Code - Texas Alcoholic Beverage Commission

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(5) a common carrier operating under a certificate issued by the Interstate Commerce<br />

<strong>Commission</strong>.<br />

Sec. 41.04. REQUIRED INFORMATION. The holder of a carrier permit shall furnish<br />

information required by the commission concerning the transportation of liquor.<br />

Sec. 41.05. TRANSPORTATION OF WINE OUT OF STATE. At the request of a holder of a<br />

winery permit, a common carrier that does not hold a carrier permit may transport wine from the premises<br />

of the holder of the winery permit or from another location where the holder of a winery permit may<br />

legally store wine to a destination out of this state, if the common carrier may otherwise legally transport<br />

wine and the holder of the winery permit furnishes to the commission any documentation required by the<br />

commission concerning the transportation and the receipt of the wine at the destination out of this state.<br />

CHAPTER 42. PRIVATE CARRIER PERMIT<br />

Sec. 42.01. AUTHORIZED ACTIVITIES. (a) The holder of a private carrier permit who is also<br />

a holder of a brewer's, distiller's and rectifier's, winery, wholesaler's, class B wholesaler's, or wine<br />

bottler's permit may transport liquor from the place of purchase to the holder’s place of business and from<br />

the place of sale or distribution to the purchaser in a vehicle owned or leased in good faith by the holder<br />

or in a vehicle owned or leased by the holder of a permit issued under Chapter 35 if the transportation is<br />

for a lawful purpose.<br />

(b) The holder of a private carrier permit may transport liquor from one wet area to another<br />

wet area across a dry area if that course of transportation is necessary or convenient.<br />

Sec. 42.02. FEE. The annual state fee for a private carrier permit is $30.<br />

Sec. 42.03. APPLICATION OF MOTOR CARRIER LAWS. A person desiring to transport<br />

liquor for hire shall comply with the provisions of the motor carrier laws when engaging in the business<br />

of transporting liquor for hire.<br />

Sec. 42.04. VEHICLES USED FOR TRANSPORTING LIQUOR. (a) Each application for a<br />

private carrier permit must contain a full description of the motor vehicles used by the applicant for<br />

transporting liquor as well as all other information required by the commission.<br />

(b) Each vehicle used for the transportation of liquor within the state shall have printed or<br />

painted on it the designation required by the commission.<br />

(c) A permittee may not transport liquor in any vehicle which is not fully described in his<br />

application for a permit.<br />

(d) A holder of a winery permit is exempt from the requirements of this section for the<br />

transportation of its wine.<br />

Sec. 42.05. TRANSPORTATION OF ALE AND MALT LIQUOR: RULES. The commission<br />

may issue rules prescribing the manner in which ale and malt liquor may be transported in the state by<br />

private carrier's permittees who also hold class B wholesaler's permits.<br />

CHAPTER 43. LOCAL CARTAGE PERMIT<br />

Sec. 43.01. AUTHORIZED ACTIVITIES. (a) A warehouse or transfer company that holds a<br />

local cartage permit may transport liquor for hire inside the corporate limits of any city or town in the<br />

state.<br />

(b) A package store, wine only package store, or local distributor's permittee who also holds<br />

a local cartage permit may transfer alcoholic beverages in accordance with Sections 22.08, 23.04, and<br />

24.04 of this code.<br />

Sec. 43.02. FEE. The annual state fee for a local cartage permit is $30.<br />

Sec. 43.03. PERMIT REQUIRED. No person may transport liquor for hire inside a city or town<br />

unless he holds a local cartage permit. No person may transport liquor in violation of the motor carrier<br />

laws of this state.<br />

<strong>Texas</strong> <strong>Alcoholic</strong> <strong>Beverage</strong> <strong>Code</strong> (2009) 76

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