Sec. 48.05.  PERMIT FOR PASSENGER BUS.  (a)  A passenger transportation permit may be issued to any corporation operating a commercial passenger bus service in or through the state using a passenger bus that:
(1)  is designed and used for the regularly scheduled intercity transportation of passengers for compensation;
(2)  is characterized by integral construction with:
(A)  an elevated passenger deck over a baggage compartment;
(B)  a passenger seating capacity of at least 16 and not more than 36; and
(C)  a separate galley area;
(3)  is at least 35 feet in length; and
(4)  while transporting passengers for compensation, also transports an attendant who:
(A)  is not the operator of the bus; and
(B)  has attended a commission-approved seller training program.
(b)  The holder of a passenger transportation permit issued under this section may:
(1)  sell or serve alcoholic beverages in or from any size container on a passenger bus even though the bus, in the course of its drive, may cross an area in which the sale of alcoholic beverages is prohibited; and
(2)  store alcoholic beverages at the permitted location.
(c)  The preparation and service of alcoholic beverages by the holder of a passenger transportation permit issued under this section is exempt from a tax imposed by this code and from the tax imposed by Chapter 151, Tax Code.
(d)  Section 109.53 does not apply to a passenger transportation permit issued under this section.
(e)  Only a holder of a wholesale permit may sell liquor to the holder of a passenger transportation permit issued under this section. A sale of liquor to the holder of a passenger transportation permit issued under this section shall be considered as a sale at retail to a consumer.
Added by Acts 1985, 69th Leg., ch. 540, Sec. 2, eff. June 12, 1985.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 149, eff. September 1, 2021.