Texas 2019 - 86th Regular

Texas Senate Bill SB1450 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1450
	1	+	By: Hancock S.B. No. 1450
	2	+	(Paddie)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the delivery of alcoholic beverages from certain
6	8		premises to ultimate consumers; authorizing a fee; creating an
7	9		offense.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 28.10(a), Alcoholic Beverage Code, is
10	12		amended to read as follows:
11	13		(a) Except as provided by this section or Sections [Section]
12	14		28.01(b) and 28.1001, a mixed beverage permittee may not sell an
13	15		alcoholic beverage to another mixed beverage permittee or to any
14	16		other person except for consumption on the seller's licensed
15	17		premises.
16	18		SECTION 2. Chapter 28, Alcoholic Beverage Code, is amended
17	19		by adding Section 28.1001 to read as follows:
18	20		Sec. 28.1001. OFF-PREMISES DELIVERY OF ALCOHOLIC
19	21		BEVERAGES. (a) Notwithstanding any other provision of this code,
20	22		the holder of a mixed beverage permit may deliver, or have delivered
21	23		by a third party, including an independent contractor acting under
22	24		Chapter 57, an alcoholic beverage from the permitted premises to an
23	25		ultimate consumer located off-premises and in an area where the
24	26		sale of the beverage is legal if:
25	27		(1) the holder of the mixed beverage permit holds a
26	28		food and beverage certificate for the permitted premises;
27	29		(2) the delivery of the alcoholic beverage is made as
28	30		part of the delivery of food prepared at the permitted premises;
29	31		(3) the alcoholic beverage is:
30	32		(A) beer, ale, or wine delivered in an original
31	33		container sealed by the manufacturer; or
32	34		(B) an alcoholic beverage other than beer, ale,
33	35		or wine, delivered in an original, single-serving container sealed
34	36		by the manufacturer and not larger than 375 milliliters; and
35	37		(4) the delivery is not made to a premises that is
36	38		permitted or licensed under this code.
37	39		(b) An alcoholic beverage may be delivered under this
38	40		section only by a person who is 21 years of age or older.
39	41		(c) An alcoholic beverage may be delivered under this
40	42		section only to a person who is 21 years of age or older after the
41	43		person accepting the delivery presents valid proof of identity and
42	44		age and:
43	45		(1) the person accepting the delivery personally signs
44	46		a receipt, which may be electronic, acknowledging the delivery; or
45	47		(2) the person making the delivery acknowledges the
46	48		completion of the delivery through a software application.
47	49		(d) This section does not authorize the holder of a brewpub
48	50		license who also holds a wine and beer retailer's permit to deliver
49	51		alcoholic beverages directly to ultimate consumers for off-premise
50	52		consumption at a location other than the licensed premises.
51	53		SECTION 3. Subtitle A, Title 3, Alcoholic Beverage Code, is
52	54		amended by adding Chapter 57 to read as follows:
53	55		CHAPTER 57. CONSUMER DELIVERY PERMIT
54	56		Sec. 57.01. AUTHORIZED ACTIVITIES. (a) The holder of a
55	57		consumer delivery permit may contract with or employ a driver for
56	58		the delivery of an alcoholic beverage from the premises of the
57	59		holder of a retailer's permit described by Subsection (b) to an
58	60		ultimate consumer located in an area where the sale of the beverage
59	61		is legal.
60	62		(b) An alcoholic beverage may be delivered under this
61	63		section only if the alcoholic beverage is sold to the ultimate
62	64		consumer by the holder of a:
63	65		(1) package store permit;
64	66		(2) wine only package store permit;
65	67		(3) wine and beer retailer's permit;
66	68		(4) wine and beer retailer's off-premise permit;
67	69		(5) retail dealer's on-premise license;
68	70		(6) retail dealer's off-premise license; or
69	71		(7) mixed beverage permit authorized to deliver
70	72		alcoholic beverages under Section 28.1001.
71	73		Sec. 57.02. DETERMINATION OF DELIVERY AREA. (a) In
72	74		determining whether the sale of an alcoholic beverage is legal in an
73	75		area for purposes of Section 57.01, a person who sells or delivers
74	76		an alcoholic beverage under that section may consult a map or other
75	77		publicly available information produced by the commission for the
76	78		purpose of establishing where the sale of alcoholic beverages is
77	79		legal.
78	80		(b) The holder of a consumer delivery permit may make
79	81		deliveries of alcoholic beverages:
80	82		(1) only in response to bona fide orders placed by the
81	83		consumer under Section 57.01; and
82	84		(2) only in areas where the sale of the beverages is
83	85		legal in:
84	86		(A) the county in which the premises of the
85	87		retailer making the sale is located;
86	88		(B) the city or town in which the premises of the
87	89		retailer making the sale is located, if the retailer is located in a
88	90		city or town; or
89	91		(C) an area not further than two miles beyond the
90	92		municipal boundary of the city or town in which the premises of the
91	93		retailer is located, if applicable.
92	94		(c) It is a defense to a prosecution alleging that an
93	95		individual delivered an alcoholic beverage under this chapter to an
94	96		address located in an area that is dry for the type of beverage
95	97		delivered that:
96	98		(1) the individual or the holder of a consumer
97	99		delivery permit relied on publicly available information produced
98	100		by the commission relating to the wet or dry classification of the
99	101		address; and
100	102		(2) the information indicated that the address to
101	103		which the beverage was delivered was classified as wet for the type
102	104		of beverage delivered on the date of the delivery.
103	105		Sec. 57.03. FEE. The commission by rule shall establish the
104	106		annual state fee for a consumer delivery permit.
105	107		Sec. 57.04. ELIGIBILITY FOR PERMIT. A consumer delivery
106	108		permit may be issued to:
107	109		(1) a person who contracts with or employs individuals
108	110		for the delivery of retail goods to consumers, other than the holder
109	111		of a permit or license in the manufacturing or wholesale tier of the
110	112		alcoholic beverage industry; or
111	113		(2) the holder of a permit or license described by
112	114		Section 57.01(b).
113	115		Sec. 57.05. DELIVERY DRIVER REQUIREMENTS. A consumer
114	116		delivery permit holder under this chapter may not contract with or
115	117		employ a person to make a delivery under this chapter unless the
116	118		person:
117	119		(1) is 21 years of age or older; and
118	120		(2) holds a valid driver's license.
119	121		Sec. 57.06. DELIVERY OF ALCOHOLIC BEVERAGES TO CONSUMER.
120	122		(a) An alcoholic beverage may be delivered under this chapter only
121	123		to a person who is 21 years of age or older after the person
122	124		accepting the delivery presents valid proof of identity and age.
123	125		(b) An alcoholic beverage may not be delivered under this
124	126		chapter to any person other than:
125	127		(1) the person who purchased the beverage;
126	128		(2) a recipient designated in advance by the
127	129		purchaser; or
128	130		(3) a person at the delivery address who is 21 years of
129	131		age or older.
130	132		(c) An alcoholic beverage may be delivered under this
131	133		chapter outside the hours of operation of the retailer from which
132	134		the delivery is being made only if the delivery driver:
133	135		(1) receives the beverage from the retailer during the
134	136		retailer's hours of legal sale; and
135	137		(2) completes the delivery to the consumer in a
136	138		reasonable amount of time after leaving the retailer's premises.
137	139		Sec. 57.07. RETAILER RESPONSIBILITY. (a) A retailer's
138	140		responsibilities under this code regarding delivery of an alcoholic
139	141		beverage to an ultimate consumer are considered satisfied at the
140	142		time the retailer transfers possession of an alcoholic beverage to
141	143		the consumer delivery permittee or a delivery driver employed by,
142	144		contracted with, or acting on behalf of the holder of a consumer
143	145		delivery permit.
144	146		(b) An action by a consumer delivery permittee or by a
145	147		delivery driver is not attributable to the retailer with regard to:
146	148		(1) providing, selling, or serving alcohol to a minor
147	149		or to an intoxicated individual;
148	150		(2) the delivery of alcohol in a dry or otherwise
149	151		illegal area, unless the retailer has contractually agreed to
150	152		retain responsibility for ensuring that deliveries are not directed
151	153		to a dry or otherwise illegal area; or
152	154		(3) any other provision of this code.
153	155		(c) A retailer:
154	156		(1) is not required to verify that the consumer
155	157		delivery permittee or the delivery driver has received delivery
156	158		driver training under Section 57.09(a)(1); and
157	159		(2) may not be held responsible for any reason under
158	160		statutory or common law for the actions of a consumer delivery
159	161		permittee or a delivery driver acting on behalf of a consumer
160	162		delivery permittee.
161	163		Sec. 57.08. RESPONSIBILITY OF HOLDER OF CONSUMER DELIVERY
162	164		PERMIT. (a) The actions of a delivery driver acting on behalf of a
163	165		holder of a consumer delivery permit are not attributable to a
164	166		holder of a consumer delivery permit if the permit holder has not
165	167		directly or indirectly encouraged the delivery driver to violate
166	168		the law and the delivery driver:
167	169		(1) has a valid certification from the training
168	170		program adopted under Section 57.09(a)(1); or
169	171		(2) completed the delivery using an alcohol delivery
170	172		compliance software application that meets the requirements
171	173		established under Section 57.09(a)(2).
172	174		(b) Notwithstanding Subsection (a), if it is found, after
173	175		notice and hearing, that the permittee, an agent or employee of the
174	176		permittee, or a person acting on behalf of the permittee delivered
175	177		with criminal negligence an alcoholic beverage to a minor or an
176	178		intoxicated person, the commission or administrator may:
177	179		(1) suspend the permit for not more than 90 days for
178	180		the first violation;
179	181		(2) suspend the permit for not more than six months for
180	182		the second violation; and
181	183		(3) suspend the permit for not more than 12 months for
182	184		a third violation within a period of 36 consecutive months.
183	185		(c) It is a rebuttable presumption that a sale or delivery
184	186		of an alcoholic beverage to a minor or an intoxicated person was not
185	187		made with criminal negligence if the delivery driver:
186	188		(1) at the time of the delivery held a valid
187	189		certification from the training program adopted under Section
188	190		57.09(a)(1); and
189	191		(2) completed the delivery as a result of a technical
190	192		malfunction of an alcohol delivery compliance software application
191	193		that otherwise meets the requirements established under Section
192	194		57.09(a)(2).
193	195		Sec. 57.09. DELIVERY TRAINING PROGRAM AND VERIFICATION
194	196		SYSTEMS. (a) The commission by rule shall:
195	197		(1) adopt and administer an alcohol delivery training
196	198		program for the purpose of training and certifying delivery drivers
197	199		contracting with or employed by the holder of a permit under Section
198	200		28.1001 or this chapter; and
199	201		(2) establish minimum requirements for alcohol
200	202		delivery compliance software applications.
201	203		(b) The commission shall implement a system that allows the
202	204		holder of a retail permit or a consumer delivery permit to verify in
203	205		real time whether a delivery driver has a valid certification from
204	206		the training program adopted under Subsection (a)(1).
205	207		SECTION 4. The heading to Section 101.63, Alcoholic
206	208		Beverage Code, is amended to read as follows:
207	209		Sec. 101.63. SALE OR DELIVERY TO CERTAIN PERSONS.
208	210		SECTION 5. Section 101.63, Alcoholic Beverage Code, is
209	211		amended by adding Subsection (a-1) to read as follows:
210	212		(a-1) A person commits an offense if the person with
211	213		criminal negligence delivers for commercial purposes an alcoholic
212	214		beverage to an intoxicated person.
213	215		SECTION 6. Not later than September 1, 2020, the Texas
214	216		Alcoholic Beverage Commission shall adopt rules to implement
215	217		Section 57.09(a), Alcoholic Beverage Code, as added by this Act.
216	218		SECTION 7. This Act takes effect September 1, 2019.
217		-	______________________________ ______________________________
218		-	President of the Senate Speaker of the House
219		-	I hereby certify that S.B. No. 1450 passed the Senate on
220		-	April 17, 2019, by the following vote: Yeas 30, Nays 1.
221		-	______________________________
222		-	Secretary of the Senate
223		-	I hereby certify that S.B. No. 1450 passed the House on
224		-	May 17, 2019, by the following vote: Yeas 128, Nays 14, two
225		-	present not voting.
226		-	______________________________
227		-	Chief Clerk of the House
228		-	Approved:
229		-	______________________________
230		-	Date
231		-	______________________________
232		-	Governor