Texas Attorney General Opinion: V-844 Page: 3 of 3
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Hon. Joe W. Lovelace, page 3 (V-844)
.conviction here unless a change in the stat-
ute be mentioned. The holding in Horton's
case was based on a provision in Section 4 of
Art. 666, Vernon's Tex. P.C. (Acts 44th Leg-
islature, 2d C.S., c. 467). The provision
was omitted from said Section 4 under the
Acts of the 45th Legislature. . . . Attention
is called to the change in the 'Texas Liquor
Control Act' so any apparent conflict with
the holding here and in Norton's case, supra,
may be dispelled."
The facts in the Boles case are similar to the
facts set out in your request, namely, that the defendant
possessed one pint of liquor for his personal use and
without the payment of tax. Therefore, under this au-
thority, while a person may bring into this State not
more than one quart of liquor for his own personal use,
if such person fails to pay the required tax, he has vi-
olated the Texas Liquor Control Act; to wit, possessing
illicit beverage.
SUMMRY
There is no conflict between Article
666-17 (18) V.P.C. and Article 666-23a (4)
V.P.C. inasmuch as Article 666-17 (18) ap-
plies only when the amount of liquor im-
ported into this State is in excess of one
quart and Article 666-23a (4) applies only
where the amount is one quart or less and is
being used for personal use. A person who
brings into this State one quart of liquor
or less for his own personal use, and does
not pay the required tax, violates the Texas
Liquor Control Act, to wit: possessing il-
licit beverage. Boles v. State, 132 S.W.2d
881 (Tex. Crim. 1939).
Yours very truly,
AP OED ATTORNEY GENERAL OF TEXAS
ATTORNEY GENbERAL
John Reeves
JR:lg:bh 7 AssistantA I
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-844, text, 1949; (https://texashistory.unt.edu/ark:/67531/metapth265663/m1/3/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.