Texas 2021 - 87th Regular

Texas House Bill HB1519 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R5003 MCF-D
2	2	By: Beckley H.B. No. 1519
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the delivery of alcoholic beverages from an alcoholic
8	8	beverage retailer to an ultimate consumer.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 22.03(a), Alcoholic Beverage Code, as
11	11	effective September 1, 2021, is amended to read as follows:
12	12	(a) The holder of a package store permit or wine only
13	13	package store permit issued for a location within a city or town or
14	14	within two miles of the corporate limits of a city or town may make
15	15	deliveries of and collections for alcoholic beverages off the
16	16	premises [in areas where the sale of the beverages is legal]. The
17	17	permittee must travel by the most direct route and may make
18	18	deliveries and collections [only within the county or the city or
19	19	town or within two miles of its corporate limits, and] only in
20	20	response to bona fide orders placed by the customer, either in
21	21	person at the premises, in writing, by mail, or by telegraph or
22	22	telephone. This section shall not be construed as preventing a
23	23	holder of a package store permit or wine only package store permit
24	24	from delivering alcoholic beverages to the holder of a carrier's
25	25	permit for transportation to persons who have placed bona fide
26	26	orders and who are located in an area that the holder of a package
27	27	store permit or wine only package store permit is authorized to
28	28	directly deliver to under this section. The holder of a package
29	29	store permit or wine only package store permit may also deliver
30	30	alcoholic beverages to the holder of a carrier's permit for
31	31	transportation outside of this state in response to bona fide
32	32	orders placed by persons authorized to purchase the beverages.
33	33	SECTION 2. Section 28.1001(a), Alcoholic Beverage Code, is
34	34	amended to read as follows:
35	35	(a) Notwithstanding any other provision of this code, the
36	36	holder of a mixed beverage permit may deliver, or have delivered by
37	37	a third party, including an independent contractor acting under
38	38	Chapter 57, an alcoholic beverage from the permitted premises to an
39	39	ultimate consumer located off-premises [and in an area where the
40	40	sale of the beverage is legal] if:
41	41	(1) the holder of the mixed beverage permit holds a
42	42	food and beverage certificate for the permitted premises;
43	43	(2) the delivery of the alcoholic beverage is made as
44	44	part of the delivery of food prepared at the permitted premises;
45	45	(3) the alcoholic beverage is:
46	46	(A) beer, ale, or wine delivered in an original
47	47	container sealed by the manufacturer; or
48	48	(B) an alcoholic beverage other than beer, ale,
49	49	or wine, delivered in an original, single-serving container sealed
50	50	by the manufacturer and not larger than 375 milliliters; and
51	51	(4) the delivery is not made to a premises that is
52	52	permitted or licensed under this code.
53	53	SECTION 3. Section 57.01(a), Alcoholic Beverage Code, as
54	54	added by Chapter 441 (S.B. 1450), Acts of the 86th Legislature,
55	55	Regular Session, 2019, is amended to read as follows:
56	56	(a) The holder of a consumer delivery permit may contract
57	57	with or employ a driver for the delivery of an alcoholic beverage
58	58	from the premises of the holder of a retailer's permit described by
59	59	Subsection (b) to an ultimate consumer [located in an area where the
60	60	sale of the beverage is legal]. The permit holder may make
61	61	deliveries of alcoholic beverages under this section only in
62	62	response to bona fide orders placed by the consumer.
63	63	SECTION 4. Section 57.02, Alcoholic Beverage Code, as added
64	64	by Chapter 441 (S.B. 1450), Acts of the 86th Legislature, Regular
65	65	Session, 2019, is repealed.
66	66	SECTION 5. This Act takes effect September 1, 2021.