Tex. Alcoh. Bev. Code Section 48.04
Permit for Passenger Train


(a)

A passenger transportation permit may be issued to any corporation organized under the Business Organizations Code or former Title 112, Revised Statutes, or under the Rail Passenger Service Act of 1970, as amended (45 U.S.C.A. Section 501 et seq.), operating a commercial passenger train service in or through the state.

(b)

The holder of a passenger transportation permit issued under this section may sell or serve alcoholic beverages in or from any size container on a passenger train even though the train, in the course of its travel, may cross an area in which the sale of alcoholic beverages is prohibited.

(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 (Limited Sales, Excise, and Use Tax), Tax Code.

(d)

Section 109.53 (Citizenship of Permittee; Control of Premises; Subterfuge Ownership; Etc) does not apply to a passenger transportation permit issued under this section.

(e)

This subsection applies only to a passenger train operated by or on behalf of the Texas State Railroad Authority. An alcoholic beverage purchased by a consumer on a passenger train for present consumption may be removed from the train for consumption on property that is part of a public entertainment facility owned or leased by the Texas State Railroad Authority. An alcoholic beverage in an open container purchased by a consumer on property that is part of a public entertainment facility owned or leased by the Texas State Railroad Authority may be consumed on a passenger train.
Added by Acts 1985, 69th Leg., ch. 540, Sec. 2, eff. June 12, 1985.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 10.02, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 431 (S.B. 559), Sec. 1(2), eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1255 (H.B. 1905), Sec. 2, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 149, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 2.001(b), eff. September 1, 2021.

Source: Section 48.04 — Permit for Passenger Train, https://statutes.­capitol.­texas.­gov/Docs/AL/htm/AL.­48.­htm#48.­04 (accessed Jun. 5, 2024).

11
Provisions Generally Applicable to Permits
14
Distiller’s and Rectifier’s Permit
15
Distiller’s Agent
16
Winery Permit
19
Wholesaler’s Permit
20
General Class B Wholesaler’s Permit
22
Package Store Permit
23
Local Distributor’s Permit
24
Wine Only Package Store Permit
25
Wine and Malt Beverage Retailer’s Permit
26.01
Authorized Activities
26.03
Issuance, Cancellation, and Suspension of Permit
26.04
Application of Other Code Provisions
26.05
Warning Sign Required
26.08
Sampling Event
28
Mixed Beverage Permit
29.01
Eligible Permit and License Holders
29.02
Authorized Activities
29.03
Issuance of Certificate Authorized for Certain Areas
30.01
Definition
30.02
Authorized Activities
30.03
Issuance of Permit
30.04
Notation of Dates Permit Is Valid
30.05
Purchase of Distilled Spirits
30.06
Auction of Alcoholic Beverages
30.07
Application of Other Law
30.08
Adoption of Rules
30.09
Events in Dry Area
32
Private Club Registration Permit
35
Agents
36
Nonresident Seller’s Agents
37
Nonresident Seller’s Permit
38
Industrial Use of Alcohol
41
Carrier Permit
43
Local Cartage Permit
46
Bonded Warehouse Permit
48.01
Authorized Activities
48.02
Permit for Excursion Boat
48.03
Permit for Airline
48.04
Permit for Passenger Train
48.05
Permit for Passenger Bus
50
Promotional Permit
51.02
Authorized Activities
51.03
Limited Access to Minibar
51.04
Stocking Restrictions
51.06
Prohibited Interests
51.07
Mixed Beverage Permit Is Primary
51.08
Distilled Spirits Purchases
51.09
Coin-operated Machines Prohibited
51.10
Commission May Adopt Rules
54
Out-of-state Winery Direct Shipper’s Permit
55
Manufacturer’s Agent’s Warehousing Permit
56
Water Park Permit
57
Consumer Delivery Permit
58
Nonresident Brewer’s Agent

Accessed:
Jun. 5, 2024

§ 48.04’s source at texas​.gov