86R8637 JAM-D
By: Paddie H.B. No. 2836
A BILL TO BE ENTITLED
AN ACT
relating to a permit authorizing the delivery of alcoholic
beverages from the premises of certain alcoholic beverage retailers
to consumers; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is
amended by adding Chapter 57 to read as follows:
CHAPTER 57. CONSUMER DELIVERY PERMIT
Sec. 57.01. AUTHORIZED ACTIVITIES. (a) Notwithstanding
any other provision of this code, the holder of a consumer delivery
permit may contract with or employ a driver for the delivery of an
alcoholic beverage from the premises of the holder of a retailer's
permit described by Subsection (b) to an ultimate consumer located
in an area where the sale of the beverage is legal.
(b) An alcoholic beverage may be delivered under this
section only if the alcoholic beverage is sold to the ultimate
consumer by the holder of a permit authorizing the retail sale and
delivery of the alcoholic beverage to the ultimate consumer.
Sec. 57.02. DETERMINATION OF DELIVERY AREA. In determining
whether the sale of an alcoholic beverage is legal in an area for
purposes of Section 57.01, a person who sells or delivers an
alcoholic beverage under that section must consult a map or other
information produced by the commission for the purpose of
establishing where the sale of alcoholic beverages is legal.
Sec. 57.03. FEE. The commission by rule shall establish the
annual state fee for a consumer delivery permit.
Sec. 57.04. ELIGIBILITY FOR PERMIT. A consumer delivery
permit may be issued to a person who contracts with or employs
individuals for the delivery of retail goods to consumers.
Sec. 57.045. DELIVERY DRIVER REQUIREMENTS. A consumer
delivery permit holder under this chapter may not contract with or
employ a person to make a delivery under this chapter unless the
person:
(1) is 21 years of age or older; and
(2) holds a valid driver's license.
Sec. 57.05. DELIVERY OF ALCOHOLIC BEVERAGES TO CONSUMER.
(a) An alcoholic beverage may be delivered under this chapter only
to a person who is 21 years of age or older after the person
accepting the package presents valid proof of identity and age.
(b) An alcoholic beverage may not be delivered under this
chapter to any person other than:
(1) the person who purchased the beverage;
(2) a recipient designated in advance by the
purchaser; or
(3) a person at the delivery address who is 21 years of
age or older.
(c) An alcoholic beverage may be delivered under this
chapter outside the hours of operation of the retailer from which
the delivery is being made only if the delivery driver received the
beverage from the retailer during the retailer's hours of
operation.
Sec. 57.06. LIABILITY OF RETAILER. (a) The actions of a
delivery driver acting on behalf of a consumer delivery permit
holder are not attributable to a retailer if the delivery driver has
completed a training program under Section 106.14(c-1).
(b) The commission shall develop and implement a program
that allows the holder of a retail permit or a consumer delivery
permit to verify in real time whether a delivery driver has
completed a training program under Section 106.14(c-1).
SECTION 2. Section 106.14, Alcoholic Beverage Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) The commission shall adopt and administer under this
section a seller training program for the purpose of training
delivery drivers contracting with or employed by the holder of a
permit under Chapter 57.
SECTION 3. This Act takes effect September 1, 2019.