Sec. 16.09.  DIRECT SHIPMENT TO CONSUMERS.  (a)  The holder of a winery permit may ship wine to the ultimate consumer, including ultimate consumers located in dry areas.  Delivery must be by the holder of a carrier permit.
(b)  All wine shipped to an ultimate consumer by the holder of a winery permit must be in a package that is clearly and conspicuously labeled showing that:
(1)  the package contains wine; and
(2)  the package may be delivered only to a person described in Subsection (c).
(c)  Wine shipped by the holder of a winery permit may not be delivered to any person other than:
(1)  the person who purchased the wine;
(2)  a recipient designated in advance by such purchaser; or
(3)  a person at the delivery address who is age 21 or over.
(d)  Wine may be delivered only to a person who is age 21 or over after the person accepting the package:
(1)  presents valid proof of identity and age; and
(2)  personally signs a receipt acknowledging delivery of the package.
(e)  The holder of a winery permit may not:
(1)  sell or ship wine to a minor;
(2)  deliver wine to a consumer using a carrier that does not hold a carrier's permit under this code; or
(3)  deliver to the same consumer in this state more than nine gallons of wine within any calendar month or more than 36 gallons of wine within any 12-month period.
Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 1, eff. May 9, 2005.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 346 (H.B. 1084), Sec. 1, eff. September 1, 2009.