Bill Would Repeal Longstanding Law Preventing Transport Of More Than 24 Bottles of Beer, One Quart Of Liquor Into A Dry County
Vince Leibowitz | Jan 15, 2009 | Comments 2
A bill by State Rep. Carl Isett (R-Lubbock) would repeal a Prohibition-era law that essentially makes it illegal the transport of more than a quart of liquor or 24 cans of beer into a dry county.
The legislation, HB 617, would repeal Section 101.32 of the Texas Alcoholic Beverage Code, which provides that the transport of more than 24 12-ounce bottles of beer or one quart of liquor into a dry county gives law enforcement prima facie evidence to believe that the person carrying the alcohol intended to sell it illegally.
The law has been on the books in one form or another since the Second Called Session of the 44th Texas Legislature passed the Texas Liquor Control Act in 1935 following the repeal of the Eighteenth Amendment, which outlawed the sale of alcohol.
The law was re-codified in 1977 when a non-substantive revision of the Texas Liquor Control Act resulted in what has now become the Texas Alcoholic Beverage Code.
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Filed Under: 81st Texas Legislature
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