(a) A passenger transportation permit may be issued to any corporation operating a commercial passenger bus service in or through the state using a passenger bus that:
(1) is designed and used for the regularly scheduled intercity transportation of passengers for compensation;
(2) is characterized by integral construction with:
(A) an elevated passenger deck over a baggage compartment;
(B) a passenger seating capacity of at least 16 and not more than 36; and
(C) a separate galley area;
(3) is at least 35 feet in length; and
(4) while transporting passengers for compensation, also transports an attendant who:
(A) is not the operator of the bus; and
(B) has attended a commission-approved seller training program.
(b) The holder of a passenger transportation permit issued under this section may:
(1) sell or serve alcoholic beverages in or from any size container on a passenger bus even though the bus, in the course of its drive, may cross an area in which the sale of alcoholic beverages is prohibited; and
(2) store alcoholic beverages at the permitted location.
(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, Tax Code.
(d) Section 109.53 does not apply to a passenger transportation permit issued under this section.
(e) Only a holder of a wholesale permit may sell liquor to the holder of a passenger transportation permit issued under this section. A sale of liquor to the holder of a passenger transportation permit issued under this section shall be considered as a sale at retail to a consumer.