85R1801 MCK-F
By: Raymond H.B. No. 2966
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the sale of alcoholic beverages from
certain automated dispensing machines.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 11, Alcoholic Beverage
Code, is amended by adding Section 11.14 to read as follows:
Sec. 11.14. AUTOMATED DISPENSING MACHINES. (a) In this
section:
(1) "Identification card" means a card issued by a
governmental agency that contains a person's name and a physical
description and photograph of the person, including a driver's
license or identification card issued by this state or another
state, a passport, or a military identification card.
(2) "Payment card" means a credit card, debit card,
check card, or other card that is issued to an authorized user to
purchase or obtain goods, services, money, or any other thing of
value.
(b) A permittee authorized to sell alcoholic beverages for
on-premises consumption may use an automated machine that, on
activation of a payment card by the permittee, may be operated to
dispense the alcoholic beverages.
(c) Only the following persons may dispense alcoholic
beverages from an automated machine authorized by this section:
(1) an employee of the permittee who is authorized to
serve alcoholic beverages; or
(2) subject to Subsection (d), a person whom the
permittee has verified to be 21 years of age or older using an
identification card that matches the name on the payment card.
(d) A verification that a person is 21 years of age or older
under Subsection (c)(2) must be recorded by the permittee in a
database and tied to the payment card before the person may dispense
alcoholic beverages from the automated machine.
(e) An automated machine authorized by this section may not
dispense a serving of more than 32 ounces of beer, 10 ounces of
wine, or 3 ounces of liquor without the payment card being
reactivated by the permittee.
SECTION 2. Section 51.09, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 51.09. COIN-OPERATED MACHINES PROHIBITED. Except as
provided by Section 11.14, nothing [Nothing] in this chapter shall
be construed as authorizing nor may the commission or administrator
authorize the sale of any alcoholic beverage from a coin-operated
machine or similar device operated by the consumer that does not
require the verification and recordation of the consumer's age and
activation of a payment card prior to operation.
SECTION 3. This Act takes effect September 1, 2017.