Texas 2021 - 87th Regular

Texas House Bill HB1024 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1024
	1	+	By: Geren, et al. (Senate Sponsor - Hancock) H.B. No. 1024
	2	+	(In the Senate - Received from the House March 25, 2021;
	3	+	April 12, 2021, read first time and referred to Committee on
	4	+	Business & Commerce; April 19, 2021, reported favorably by the
	5	+	following vote: Yeas 8, Nays 0; April 19, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the pickup and delivery of alcoholic beverages from
6	12		certain premises for off-premises consumption.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. The heading to Section 28.1001, Alcoholic
9	15		Beverage Code, is amended to read as follows:
10	16		Sec. 28.1001. PICKUP AND [OFF-PREMISES] DELIVERY OF
11	17		ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION.
12	18		SECTION 2. Section 28.1001, Alcoholic Beverage Code, is
13	19		amended by amending Subsections (a), (c), and (d) and adding
14	20		Subsections (a-1), (a-2), and (e) to read as follows:
15	21		(a) In this section:
16	22		(1) "Passenger area of a motor vehicle" has the
17	23		meaning assigned by Section 49.031, Penal Code.
18	24		(2) "Tamper-proof container" means a container that,
19	25		once sealed, clearly shows whether it has been opened. The term
20	26		includes a closed cup or similar container that is:
21	27		(A) placed into a bag that has been sealed with a
22	28		zip tie or staple;
23	29		(B) sealed with shrink wrap or a similar seal; or
24	30		(C) sealed by other methods approved by rule of
25	31		the commission.
26	32		(a-1) Notwithstanding any other provision of this code, the
27	33		holder of a mixed beverage permit may deliver, or have delivered by
28	34		a third party, including an independent contractor acting under
29	35		Chapter 57, as added by Chapter 441 (S.B. 1450), Acts of the 86th
30	36		Legislature, Regular Session, 2019, an alcoholic beverage from the
31	37		permitted premises to an ultimate consumer located off-premises and
32	38		in an area where the sale of the beverage is legal if:
33	39		(1) the holder of the mixed beverage permit holds a
34	40		food and beverage certificate for the permitted premises;
35	41		(2) the delivery of the alcoholic beverage is made as
36	42		part of the delivery of food prepared at the permitted premises;
37	43		(3) the alcoholic beverage is:
38	44		(A) a malt beverage [beer, ale,] or wine
39	45		delivered in:
40	46		(i) an original container sealed by the
41	47		manufacturer; or
42	48		(ii) a tamper-proof container that is
43	49		sealed by the permit holder and clearly labeled with the permit
44	50		holder's business name and the words "alcoholic beverage"; or
45	51		(B) an alcoholic beverage other than a malt
46	52		beverage [beer, ale,] or wine that:
47	53		(i) is [,] delivered in an original,
48	54		single-serving container sealed by the manufacturer and not larger
49	55		than 375 milliliters; or
50	56		(ii) the permit holder mixes with other
51	57		beverages or garnishes and stores in a tamper-proof container that
52	58		is clearly labeled with the permit holder's business name and the
53	59		words "alcoholic beverage"; and
54	60		(4) the delivery is not made to another [a] premises
55	61		that is permitted or licensed under this code.
56	62		(a-2) Notwithstanding any other provision of this code, the
57	63		holder of a mixed beverage permit may allow an ultimate consumer to
58	64		pick up an alcoholic beverage described by Subsection (a-1)(3) and
59	65		remove the beverage from the permitted premises if:
60	66		(1) the holder of the mixed beverage permit holds a
61	67		food and beverage certificate for the permitted premises; and
62	68		(2) the pickup of the alcoholic beverage is made as
63	69		part of the pickup of food prepared at the permitted premises.
64	70		(c) An alcoholic beverage picked up or [may be] delivered
65	71		under this section may be provided only to a person who is 21 years
66	72		of age or older after the person picking up the alcoholic beverage
67	73		or accepting the delivery presents valid proof of identity and age
68	74		and:
69	75		(1) the person picking up the alcoholic beverage or
70	76		accepting the delivery personally signs a receipt, which may be
71	77		electronic, acknowledging the pickup or delivery; or
72	78		(2) the person providing the beverage for pickup or
73	79		making the delivery acknowledges the completion of the pickup or
74	80		delivery through a software application.
75	81		(d) This section does not authorize the holder of a brewpub
76	82		license who also holds a wine and malt beverage [beer] retailer's
77	83		permit to deliver alcoholic beverages directly to ultimate
78	84		consumers for off-premise consumption at a location other than the
79	85		licensed premises.
80	86		(e) A person who picks up or delivers an alcoholic beverage
81	87		described by Subsection (a-1)(3)(A)(ii) or (a-1)(3)(B)(ii) may not
82	88		transport the alcoholic beverage in the passenger area of a motor
83	89		vehicle.
84	90		SECTION 3. Section 32.01(a), Alcoholic Beverage Code, is
85	91		amended to read as follows:
86	92		(a) A private club registration permit authorizes alcoholic
87	93		beverages belonging to members of the club to be:
88	94		(1) stored, possessed, and mixed on the club premises;
89	95		[and]
90	96		(2) served for on-premises consumption only to members
91	97		of the club and their families and guests, by the drink or in
92	98		sealed, unsealed, or broken containers of any legal size; and
93	99		(3) served for off-premises consumption only to
94	100		members of the club in the manner provided by Section 32.155.
95	101		SECTION 4. Section 32.15, Alcoholic Beverage Code, is
96	102		amended to read as follows:
97	103		Sec. 32.15. REMOVAL OF BEVERAGES FROM PREMISES. A private
98	104		club, irrespective of location or system of storage of alcoholic
99	105		beverages, may not permit any person to remove any alcoholic
100	106		beverages from the club premises, except:
101	107		(1) as authorized by:
102	108		(A) Section 28.10(b) or 32.155; or
103	109		(B) Chapter 57, as added by Chapter 441 (S.B.
104	110		1450), Acts of the 86th Legislature, Regular Session, 2019; or
105	111		(2) for the purpose of removing unused inventory the
106	112		person brought onto the premises under Section 14.07, as added by
107	113		Chapter 792 (H.B. 1997), Acts of the 86th Legislature, Regular
108	114		Session, 2019, or 37.01(d).
109	115		SECTION 5. Chapter 32, Alcoholic Beverage Code, is amended
110	116		by adding Section 32.155 to read as follows:
111	117		Sec. 32.155. PICKUP AND DELIVERY OF ALCOHOLIC BEVERAGES FOR
112	118		OFF-PREMISES CONSUMPTION. (a) In this section:
113	119		(1) "Passenger area of a motor vehicle" has the
114	120		meaning assigned by Section 49.031, Penal Code.
115	121		(2) "Tamper-proof container" has the meaning assigned
116	122		by Section 28.1001.
117	123		(b) Notwithstanding any other provision of this code, the
118	124		holder of a private club registration permit may deliver, or have
119	125		delivered by a third party, including an independent contractor
120	126		acting under Chapter 57, as added by Chapter 441 (S.B. 1450), Acts
121	127		of the 86th Legislature, Regular Session, 2019, an alcoholic
122	128		beverage from the permitted premises to an ultimate consumer
123	129		located off-premises and in the county in which the private club is
124	130		located if:
125	131		(1) the holder of the private club registration permit
126	132		holds a food and beverage certificate for the permitted premises;
127	133		(2) the delivery of the alcoholic beverage is made as
128	134		part of the delivery of food prepared at the permitted premises;
129	135		(3) the ultimate consumer is a member of the club;
130	136		(4) the alcoholic beverage is:
131	137		(A) a malt beverage or wine delivered in:
132	138		(i) an original container sealed by the
133	139		manufacturer; or
134	140		(ii) a tamper-proof container that is
135	141		sealed by the permit holder and clearly labeled with the name of the
136	142		private club registration permit holder and the words "alcoholic
137	143		beverage"; or
138	144		(B) an alcoholic beverage other than a malt
139	145		beverage or wine that:
140	146		(i) is delivered in an original,
141	147		single-serving container sealed by the manufacturer and not larger
142	148		than 375 milliliters; or
143	149		(ii) the permit holder mixes with other
144	150		beverages or garnishes and stores in a tamper-proof container that
145	151		is clearly labeled with the name of the private club registration
146	152		permit holder and the words "alcoholic beverage"; and
147	153		(5) the delivery is not made to another premises that
148	154		is permitted or licensed under this code.
149	155		(c) Notwithstanding any other provision of this code, the
150	156		holder of a private club registration permit may allow an ultimate
151	157		consumer to pick up an alcoholic beverage described by Subsection
152	158		(b)(4) and remove the beverage from the permitted premises if:
153	159		(1) the holder of the private club registration permit
154	160		holds a food and beverage certificate for the permitted premises;
155	161		(2) the pickup of the alcoholic beverage is made as
156	162		part of the pickup of food prepared at the permitted premises; and
157	163		(3) the ultimate consumer is a member of the club.
158	164		(d) An alcoholic beverage picked up or delivered under this
159	165		section may be provided only to a person who is 21 years of age or
160	166		older after the person picking up the alcoholic beverage or
161	167		accepting the delivery presents valid proof of identity and age
162	168		and:
163	169		(1) the person picking up the alcoholic beverage or
164	170		accepting the delivery personally signs a receipt, which may be
165	171		electronic, acknowledging the pickup or delivery; or
166	172		(2) the person providing the beverage for pickup or
167	173		making the delivery acknowledges the completion of the pickup or
168	174		delivery through a software application.
169	175		(e) A person who picks up or delivers an alcoholic beverage
170	176		described by Subsection (b)(4)(A)(ii) or (b)(4)(B)(ii) may not
171	177		transport the alcoholic beverage in the passenger area of a motor
172	178		vehicle.
173	179		SECTION 6. Section 32.17(a), Alcoholic Beverage Code, as
174	180		effective September 1, 2021, is amended to read as follows:
175	181		(a) The commission or administrator may cancel or suspend
176	182		for a period of time not exceeding 60 days, after notice and
177	183		hearing, an original or renewal private club registration permit on
178	184		finding that the permittee club has:
179	185		(1) sold, offered for sale, purchased, or held title
180	186		to any alcoholic beverage so as to constitute an open saloon;
181	187		(2) refused to allow an authorized agent or
182	188		representative of the commission or a peace officer to come on the
183	189		club premises for the purposes of inspecting alcoholic beverages
184	190		stored on the premises or investigating compliance with the
185	191		provisions of this code;
186	192		(3) refused to furnish the commission or its agent or
187	193		representative when requested any information pertaining to the
188	194		storage, possession, serving, or consumption of alcoholic
189	195		beverages on club premises;
190	196		(4) except as authorized under Section 32.15,
191	197		permitted or allowed any alcoholic beverages stored on club
192	198		premises to be served or consumed at any place other than on the
193	199		club premises;
194	200		(5) failed to maintain an adequate building at the
195	201		address for which the private club registration permit was issued;
196	202		(6) caused, permitted, or allowed any member of a club
197	203		in a dry area to store any liquor on club premises except under the
198	204		locker system;
199	205		(7) caused, permitted, or allowed any person to
200	206		consume or be served any alcoholic beverage on the club premises:
201	207		(A) at any time on Sunday between the hours of
202	208		1:15 a.m. and 10 a.m. or on any other day at any time between the
203	209		hours of 12:15 a.m. and 7 a.m., if the club does not have a retailer
204	210		late hours certificate, except that an alcoholic beverage served to
205	211		a customer between 10 a.m. and 12 noon on Sunday must be provided
206	212		during the service of food to the customer; or
207	213		(B) at any time on Sunday between the hours of 2
208	214		a.m. and 10 a.m. or on any other day at any time between the hours of
209	215		2 a.m. and 7 a.m., if the club has a retailer late hours
210	216		certificate, except that an alcoholic beverage served to a customer
211	217		between 10 a.m. and 12 noon on Sunday must be provided during the
212	218		service of food to the customer; or
213	219		(8) violated or assisted, aided or abetted the
214	220		violation of any provision of this code.
215	221		SECTION 7. Section 57.01(b), Alcoholic Beverage Code, is
216	222		amended to read as follows:
217	223		(b) An alcoholic beverage may be delivered under this
218	224		section only if the alcoholic beverage is sold or served to the
219	225		ultimate consumer by the holder of a:
220	226		(1) package store permit;
221	227		(2) wine only package store permit;
222	228		(3) wine and beer retailer's permit;
223	229		(4) wine and beer retailer's off-premise permit;
224	230		(5) retail dealer's on-premise license;
225	231		(6) retail dealer's off-premise license; [or]
226	232		(7) mixed beverage permit authorized to deliver
227	233		alcoholic beverages under Section 28.1001; or
228	234		(8) private club permit authorized to deliver
229	235		alcoholic beverages under Section 32.155.
230	236		SECTION 8. This Act takes effect immediately if it receives
231	237		a vote of two-thirds of all the members elected to each house, as
232	238		provided by Section 39, Article III, Texas Constitution. If this
233	239		Act does not receive the vote necessary for immediate effect, this
234	240		Act takes effect September 1, 2021.
235		-	______________________________ ______________________________
236		-	President of the Senate Speaker of the House
237		-	I certify that H.B. No. 1024 was passed by the House on March
238		-	25, 2021, by the following vote: Yeas 144, Nays 1, 1 present, not
239		-	voting.
240		-	______________________________
241		-	Chief Clerk of the House
242		-	I certify that H.B. No. 1024 was passed by the Senate on April
243		-	28, 2021, by the following vote: Yeas 30, Nays 1.
244		-	______________________________
245		-	Secretary of the Senate
246		-	APPROVED: _____________________
247		-	Date
248		-	_____________________
249		-	Governor
	241	+	* * * * *