Texas § AL.103.10 - EXERCISE OF DISCRETION IN CASE OF MISTAKE

§ AL.103.10. EXERCISE OF DISCRETION IN CASE OF MISTAKE

EXERCISE OF DISCRETION IN CASE OF MISTAKE. (a) The preceding sections of this subchapter shall not be construed as preventing the commission from exercising its discretion if illicit alcoholic beverages are seized as the result of an accidental shipment or other reasonable mistake. Under those circumstances, the commission may issue orders and make disposition of the alcoholic beverages as it finds just and reasonable. (b) It is a defense to prosecution or to the imposition of a civil or administrative penalty for a violation under this chapter that: (1) the holder of a package store permit or the holder of a local distributor's permit: (A) purchased an illicit beverage from a vintage distilled spirits seller under Section 22.19 or 23.07 in good faith; (B) reasonably believed the illicit beverage was vintage distilled spirits at all times the beverage was in the permit holder's possession; and (C) sold the illicit beverage to an authorized purchaser in good faith; and (2) an authorized purchaser, to whom the holder of a package store permit or local distributor's permit sold an illicit beverage, reasonably believed the beverage was vintage distilled spirits and not an illicit beverage. Acts 1977, 65th Leg., p. 507, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by: Acts 2023, 88th Leg., R.S., Ch. 91 (S.B. 1322 ), Sec. 7, eff. September 1, 2023.