SECTION 39.5. Alcoholic Beverages Not Permitted for Personal Importation

(a) The following alcoholic beverages are not permitted to be imported into the State of Texas for personal consumption:

(1) Any amount of alcoholic beverages in excess of the statutory limitations of Code §107.07;

(2) Illicit beverages, as defined by Code §1.04;

(3) Any alcoholic beverage that the commission's regulatory compliance officer determines may be injurious to public health or not meet sanitary conditions, as authorized under §5.38; and

(4) Any alcoholic beverage in the possession of a minor, defined in Code §106.01 as a person under the age of 21.

(b) A person presenting for importation alcoholic beverages not permitted to be brought into the State of Texas at a port of entry shall:

(1) prior to entering the state, destroy the alcoholic beverages in such a manner that they are unrecoverable;

(2) voluntarily surrender the alcoholic beverages to authorized personnel at the port of entry, who shall subsequently destroy the alcoholic beverages in a manner that they are unrecoverable; or

(3) not enter the State of Texas.

Source Note: The provisions of this §39.5 adopted to be effective April 12, 2022, 47 TexReg 1887