By: Springer H.B. No. 3465
A BILL TO BE ENTITLED
AN ACT
relating to the sale of Beer and Wine on Sunday.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 105, Alcoholic Beverage Code, is
amended by altering Section 105.04 and 105.05 to read as follows:
Sec. 105.04. HOURS OF SALE: WINE AND BEER RETAILER. The
hours of sale and delivery for alcoholic beverages sold under a wine
and beer retailer's permit or a wine and beer retailer's off-premise
permit are the same as those prescribed for the sale of beer under
Section 105.05 of this code, except that no sale shall be allowed
between 2 a.m. and noon 9:00 a.ma. on Sunday.
Sec. 105.05. HOURS OF SALE: BEER. (a) No person may sell,
offer for sale, or deliver beer at any time not permitted by this
section.
(b) A person may sell, offer for sale, or deliver beer
between 7 a.m. and midnight on any day except Sunday. On Sunday he
may sell beer between midnight and 1:00 a.m. and between noon and
midnight, except that permittees or licensees authorized to sell
for on-premise consumption may sell beer between 10:00 a.m. and
noon if the beer is served to a customer during the service of food
to the customer.
(c) In a city or county having a population of 800,000 or
more, according to the last preceding federal census, or 500,000 or
more, according to the 22nd Decennial Census of the United States,
as released by the Bureau of the Census on March 12, 2001, a holder
of a retail dealer's on-premise late hours license may also sell,
offer for sale, and deliver beer between midnight and 2 a.m. on any
day.
(d) In a city or county other than a city or county described
by Subsection (c), the extended hours prescribed in Subsection (c)
of this section, or any part of the extended hours prescribed in
Subsection (c) of this section are effective for the sale, offer to
sell, and delivery of beer by a holder of a retail dealer's
on-premise late hours license:
(1) in the unincorporated areas of the county if the
extended hours are adopted by an order of the commissioners court;
and
(2) in an incorporated city or town if the extended hours
are adopted by an ordinance of the governing body of the city or
town.
(e) A violation of a city ordinance or order of a
commissioners court adopted pursuant to Subsection (d) of this
section is a violation of this code.
SECTION 2. The Act take effect September 1, 2015.