No. V-0088 (1947).

• Case Date: March 18, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0088 (1947). 1March 18, 1947Hon. H. H. SmithCounty AttorneyCarson CountyPanhandle, TexasOpinion No. V-88Re: Clarification of Article 666-27 (a), Vernon's Penal Code, regarding transporting alcoholic beverages.Dear Sir:Your letter of November 21, 1946, requesting the opinion of this department on the questions stated therein reads in part as follows:

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"(a). To what class or classes of transporters does subsection (a) of the aforesaid Article 666-27, Penal Code, apply? That is, does it apply to public carriers, private carriers, or those transporting for their own personal use, or to all transporters alike?

"(b). Is it in violation of subsection (a) of Article 666-27, Penal Code, for a person to transport whiskey or other alcoholic beverage, for his own personal consumption, from a place where the sale thereof is legal to a place where the possession thereof is legal, without having in his possession and available the statements required in subsection (a), Article 666-27, above quoted?

"(c). Is there any limit as to the quantity of whiskey or other alcoholic beverages which one might transport before being required to have in his possession and available the statements above referred to? In other words, would the transportation of a pint or a quart require the statement the same as would a much larger quantity?"

Paragraph (a) of Article 666-27, Vernon's Penal Code, provides: 2

"It shall be unlawful for any person to transport into this State or upon any public highway, street, or alley in this state any liquor unless the person accompanying or in charge of such shipment shall have present and available for exhibition and inspection, a written statement furnished and signed by the shipper, showing the name and address of the consignor and the consignee, the origin and destination of such shipment, and such other information as may be required by rule and regulation of the Board. It shall be the duty of the person in charge of this shipment while the same is being transported, to exhibit such written statement to the Board or any of its authorized representatives or to any peace officer making demand therefor, and it shall be unlawful for any person to fail or refuse to exhibit the same upon such demand. Such written statement shall be accepted by such representative or

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