| 1 | 1 | | 86R8637 JAM-D |
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| 2 | 2 | | By: Paddie H.B. No. 2836 |
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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 a permit authorizing the delivery of alcoholic |
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| 8 | 8 | | beverages from the premises of certain alcoholic beverage retailers |
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| 9 | 9 | | to consumers; authorizing a fee. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is |
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| 12 | 12 | | amended by adding Chapter 57 to read as follows: |
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| 13 | 13 | | CHAPTER 57. CONSUMER DELIVERY PERMIT |
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| 14 | 14 | | Sec. 57.01. AUTHORIZED ACTIVITIES. (a) Notwithstanding |
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| 15 | 15 | | any other provision of this code, the holder of a consumer delivery |
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| 16 | 16 | | permit may contract with or employ a driver for the delivery of an |
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| 17 | 17 | | alcoholic beverage from the premises of the holder of a retailer's |
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| 18 | 18 | | permit described by Subsection (b) to an ultimate consumer located |
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| 19 | 19 | | in an area where the sale of the beverage is legal. |
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| 20 | 20 | | (b) An alcoholic beverage may be delivered under this |
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| 21 | 21 | | section only if the alcoholic beverage is sold to the ultimate |
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| 22 | 22 | | consumer by the holder of a permit authorizing the retail sale and |
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| 23 | 23 | | delivery of the alcoholic beverage to the ultimate consumer. |
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| 24 | 24 | | Sec. 57.02. DETERMINATION OF DELIVERY AREA. In determining |
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| 25 | 25 | | whether the sale of an alcoholic beverage is legal in an area for |
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| 26 | 26 | | purposes of Section 57.01, a person who sells or delivers an |
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| 27 | 27 | | alcoholic beverage under that section must consult a map or other |
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| 28 | 28 | | information produced by the commission for the purpose of |
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| 29 | 29 | | establishing where the sale of alcoholic beverages is legal. |
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| 30 | 30 | | Sec. 57.03. FEE. The commission by rule shall establish the |
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| 31 | 31 | | annual state fee for a consumer delivery permit. |
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| 32 | 32 | | Sec. 57.04. ELIGIBILITY FOR PERMIT. A consumer delivery |
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| 33 | 33 | | permit may be issued to a person who contracts with or employs |
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| 34 | 34 | | individuals for the delivery of retail goods to consumers. |
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| 35 | 35 | | Sec. 57.045. DELIVERY DRIVER REQUIREMENTS. A consumer |
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| 36 | 36 | | delivery permit holder under this chapter may not contract with or |
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| 37 | 37 | | employ a person to make a delivery under this chapter unless the |
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| 38 | 38 | | person: |
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| 39 | 39 | | (1) is 21 years of age or older; and |
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| 40 | 40 | | (2) holds a valid driver's license. |
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| 41 | 41 | | Sec. 57.05. DELIVERY OF ALCOHOLIC BEVERAGES TO CONSUMER. |
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| 42 | 42 | | (a) An alcoholic beverage may be delivered under this chapter only |
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| 43 | 43 | | to a person who is 21 years of age or older after the person |
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| 44 | 44 | | accepting the package presents valid proof of identity and age. |
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| 45 | 45 | | (b) An alcoholic beverage may not be delivered under this |
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| 46 | 46 | | chapter to any person other than: |
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| 47 | 47 | | (1) the person who purchased the beverage; |
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| 48 | 48 | | (2) a recipient designated in advance by the |
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| 49 | 49 | | purchaser; or |
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| 50 | 50 | | (3) a person at the delivery address who is 21 years of |
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| 51 | 51 | | age or older. |
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| 52 | 52 | | (c) An alcoholic beverage may be delivered under this |
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| 53 | 53 | | chapter outside the hours of operation of the retailer from which |
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| 54 | 54 | | the delivery is being made only if the delivery driver received the |
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| 55 | 55 | | beverage from the retailer during the retailer's hours of |
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| 56 | 56 | | operation. |
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| 57 | 57 | | Sec. 57.06. LIABILITY OF RETAILER. (a) The actions of a |
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| 58 | 58 | | delivery driver acting on behalf of a consumer delivery permit |
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| 59 | 59 | | holder are not attributable to a retailer if the delivery driver has |
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| 60 | 60 | | completed a training program under Section 106.14(c-1). |
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| 61 | 61 | | (b) The commission shall develop and implement a program |
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| 62 | 62 | | that allows the holder of a retail permit or a consumer delivery |
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| 63 | 63 | | permit to verify in real time whether a delivery driver has |
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| 64 | 64 | | completed a training program under Section 106.14(c-1). |
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| 65 | 65 | | SECTION 2. Section 106.14, Alcoholic Beverage Code, is |
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| 66 | 66 | | amended by adding Subsection (c-1) to read as follows: |
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| 67 | 67 | | (c-1) The commission shall adopt and administer under this |
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| 68 | 68 | | section a seller training program for the purpose of training |
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| 69 | 69 | | delivery drivers contracting with or employed by the holder of a |
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| 70 | 70 | | permit under Chapter 57. |
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| 71 | 71 | | SECTION 3. This Act takes effect September 1, 2019. |
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