H.B. No. 1755
AN ACT
relating to the removal of an alcoholic beverage by an ultimate
consumer from the premises of a mixed beverage permit holder.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.10(b), Alcoholic Beverage Code, as
effective September 1, 2021, is amended to read as follows:
(b) A mixed beverage permittee may not permit any person to
take any alcoholic beverage purchased on the licensed premises from
the premises where sold, except that:
(1) a person who orders wine with food [and has a
portion of the open container remaining] may remove the [open]
container of wine from the premises whether the container is opened
or unopened; and
(2) a mixed beverage permittee who also holds a
brewpub license may sell or offer without charge on the premises of
the brewpub, to an ultimate consumer for consumption on or off the
premises, malt beverages produced by the permittee, in or from a
lawful container in an amount that does not exceed one-half barrel,
provided that the aggregate amount of malt beverages removed from
the premises under this subdivision does not exceed 1,000 barrels
annually.
SECTION 2. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1755 was passed by the House on April
7, 2021, by the following vote: Yeas 144, Nays 3, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1755 was passed by the Senate on April
29, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor