| 1 | 1 | | 85R1801 MCK-F |
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| 2 | 2 | | By: Raymond H.B. No. 2966 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to authorizing the sale of alcoholic beverages from |
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| 8 | 8 | | certain automated dispensing machines. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 11, Alcoholic Beverage |
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| 11 | 11 | | Code, is amended by adding Section 11.14 to read as follows: |
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| 12 | 12 | | Sec. 11.14. AUTOMATED DISPENSING MACHINES. (a) In this |
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| 13 | 13 | | section: |
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| 14 | 14 | | (1) "Identification card" means a card issued by a |
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| 15 | 15 | | governmental agency that contains a person's name and a physical |
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| 16 | 16 | | description and photograph of the person, including a driver's |
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| 17 | 17 | | license or identification card issued by this state or another |
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| 18 | 18 | | state, a passport, or a military identification card. |
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| 19 | 19 | | (2) "Payment card" means a credit card, debit card, |
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| 20 | 20 | | check card, or other card that is issued to an authorized user to |
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| 21 | 21 | | purchase or obtain goods, services, money, or any other thing of |
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| 22 | 22 | | value. |
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| 23 | 23 | | (b) A permittee authorized to sell alcoholic beverages for |
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| 24 | 24 | | on-premises consumption may use an automated machine that, on |
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| 25 | 25 | | activation of a payment card by the permittee, may be operated to |
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| 26 | 26 | | dispense the alcoholic beverages. |
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| 27 | 27 | | (c) Only the following persons may dispense alcoholic |
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| 28 | 28 | | beverages from an automated machine authorized by this section: |
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| 29 | 29 | | (1) an employee of the permittee who is authorized to |
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| 30 | 30 | | serve alcoholic beverages; or |
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| 31 | 31 | | (2) subject to Subsection (d), a person whom the |
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| 32 | 32 | | permittee has verified to be 21 years of age or older using an |
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| 33 | 33 | | identification card that matches the name on the payment card. |
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| 34 | 34 | | (d) A verification that a person is 21 years of age or older |
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| 35 | 35 | | under Subsection (c)(2) must be recorded by the permittee in a |
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| 36 | 36 | | database and tied to the payment card before the person may dispense |
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| 37 | 37 | | alcoholic beverages from the automated machine. |
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| 38 | 38 | | (e) An automated machine authorized by this section may not |
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| 39 | 39 | | dispense a serving of more than 32 ounces of beer, 10 ounces of |
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| 40 | 40 | | wine, or 3 ounces of liquor without the payment card being |
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| 41 | 41 | | reactivated by the permittee. |
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| 42 | 42 | | SECTION 2. Section 51.09, Alcoholic Beverage Code, is |
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| 43 | 43 | | amended to read as follows: |
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| 44 | 44 | | Sec. 51.09. COIN-OPERATED MACHINES PROHIBITED. Except as |
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| 45 | 45 | | provided by Section 11.14, nothing [Nothing] in this chapter shall |
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| 46 | 46 | | be construed as authorizing nor may the commission or administrator |
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| 47 | 47 | | authorize the sale of any alcoholic beverage from a coin-operated |
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| 48 | 48 | | machine or similar device operated by the consumer that does not |
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| 49 | 49 | | require the verification and recordation of the consumer's age and |
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| 50 | 50 | | activation of a payment card prior to operation. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2017. |
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