| 1 | 1 | | 86R9509 JAM-D |
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| 2 | 2 | | By: Kuempel H.B. No. 2152 |
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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 the delivery of alcoholic beverages from the premises |
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| 8 | 8 | | of a mixed beverage permittee. |
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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. Section 28.10(a), Alcoholic Beverage Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) Except as provided by this section or Sections [Section] |
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| 13 | 13 | | 28.01(b) and 28.1001, a mixed beverage permittee may not sell an |
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| 14 | 14 | | alcoholic beverage to another mixed beverage permittee or to any |
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| 15 | 15 | | other person except for consumption on the seller's licensed |
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| 16 | 16 | | premises. |
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| 17 | 17 | | SECTION 2. Chapter 28, Alcoholic Beverage Code, is amended |
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| 18 | 18 | | by adding Section 28.1001 to read as follows: |
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| 19 | 19 | | Sec. 28.1001. OFF-PREMISES DELIVERY OF ALCOHOLIC |
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| 20 | 20 | | BEVERAGES. (a) Notwithstanding any other provision of this code, |
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| 21 | 21 | | the holder of a mixed beverage permit may deliver, or have delivered |
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| 22 | 22 | | by a third party, an alcoholic beverage from the permitted premises |
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| 23 | 23 | | to an ultimate consumer located off-premises and in an area where |
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| 24 | 24 | | the sale of the beverage is legal if: |
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| 25 | 25 | | (1) the holder of the mixed beverage permit holds a |
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| 26 | 26 | | food and beverage certificate for the permitted premises; |
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| 27 | 27 | | (2) the delivery of the alcoholic beverage is made as |
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| 28 | 28 | | part of the delivery of food prepared at the permitted premises; |
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| 29 | 29 | | (3) the alcoholic beverage is delivered sealed in an |
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| 30 | 30 | | original, single-serving container; and |
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| 31 | 31 | | (4) the delivery is not made to: |
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| 32 | 32 | | (A) a premises that is permitted or licensed |
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| 33 | 33 | | under this code; or |
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| 34 | 34 | | (B) a location where the possession or |
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| 35 | 35 | | consumption of alcohol is prohibited by law. |
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| 36 | 36 | | (b) An alcoholic beverage may be delivered under this |
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| 37 | 37 | | section only by a person who is 21 years of age or older. |
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| 38 | 38 | | (c) An alcoholic beverage may be delivered under this |
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| 39 | 39 | | section only to a person who is 21 years of age or older after the |
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| 40 | 40 | | person accepting the delivery: |
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| 41 | 41 | | (1) presents valid proof of identity and age; and |
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| 42 | 42 | | (2) personally signs a receipt acknowledging the |
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| 43 | 43 | | delivery. |
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| 44 | 44 | | (d) An alcoholic beverage may not be delivered under this |
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| 45 | 45 | | section to any person other than: |
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| 46 | 46 | | (1) the person who purchased the beverage; |
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| 47 | 47 | | (2) a recipient designated in advance by the |
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| 48 | 48 | | purchaser; or |
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| 49 | 49 | | (3) a person at the delivery address who is 21 years of |
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| 50 | 50 | | age or older. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2019. |
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