87R5003 MCF-D
By: Beckley H.B. No. 1519
A BILL TO BE ENTITLED
AN ACT
relating to the delivery of alcoholic beverages from an alcoholic
beverage retailer to an ultimate consumer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.03(a), Alcoholic Beverage Code, as
effective September 1, 2021, is amended to read as follows:
(a) The holder of a package store permit or wine only
package store permit issued for a location within a city or town or
within two miles of the corporate limits of a city or town may make
deliveries of and collections for alcoholic beverages off the
premises [in areas where the sale of the beverages is legal]. The
permittee must travel by the most direct route and may make
deliveries and collections [only within the county or the city or
town or within two miles of its corporate limits, and] only in
response to bona fide orders placed by the customer, either in
person at the premises, in writing, by mail, or by telegraph or
telephone. This section shall not be construed as preventing a
holder of a package store permit or wine only package store permit
from delivering alcoholic beverages to the holder of a carrier's
permit for transportation to persons who have placed bona fide
orders and who are located in an area that the holder of a package
store permit or wine only package store permit is authorized to
directly deliver to under this section. The holder of a package
store permit or wine only package store permit may also deliver
alcoholic beverages to the holder of a carrier's permit for
transportation outside of this state in response to bona fide
orders placed by persons authorized to purchase the beverages.
SECTION 2. Section 28.1001(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Notwithstanding any other provision of this code, the
holder of a mixed beverage permit may deliver, or have delivered by
a third party, including an independent contractor acting under
Chapter 57, an alcoholic beverage from the permitted premises to an
ultimate consumer located off-premises [and in an area where the
sale of the beverage is legal] if:
(1) the holder of the mixed beverage permit holds a
food and beverage certificate for the permitted premises;
(2) the delivery of the alcoholic beverage is made as
part of the delivery of food prepared at the permitted premises;
(3) the alcoholic beverage is:
(A) beer, ale, or wine delivered in an original
container sealed by the manufacturer; or
(B) an alcoholic beverage other than beer, ale,
or wine, delivered in an original, single-serving container sealed
by the manufacturer and not larger than 375 milliliters; and
(4) the delivery is not made to a premises that is
permitted or licensed under this code.
SECTION 3. Section 57.01(a), Alcoholic Beverage Code, as
added by Chapter 441 (S.B. 1450), Acts of the 86th Legislature,
Regular Session, 2019, is amended to read as follows:
(a) 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]. The permit holder may make
deliveries of alcoholic beverages under this section only in
response to bona fide orders placed by the consumer.
SECTION 4. Section 57.02, Alcoholic Beverage Code, as added
by Chapter 441 (S.B. 1450), Acts of the 86th Legislature, Regular
Session, 2019, is repealed.
SECTION 5. This Act takes effect September 1, 2021.