| 1 | 1 | | 87R7502 JAM-D |
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| 2 | 2 | | By: Jetton H.B. No. 1779 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the pickup and delivery of alcoholic beverages for |
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| 8 | 8 | | off-premises consumption. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Section 28.1001, Alcoholic |
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| 11 | 11 | | Beverage Code, is amended to read as follows: |
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| 12 | 12 | | Sec. 28.1001. PICKUP AND [OFF-PREMISES] DELIVERY OF |
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| 13 | 13 | | ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION. |
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| 14 | 14 | | SECTION 2. Section 28.1001, Alcoholic Beverage Code, is |
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| 15 | 15 | | amended by amending Subsections (a), (c), and (d) and adding |
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| 16 | 16 | | Subsections (a-1), (a-2), and (e) to read as follows: |
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| 17 | 17 | | (a) In this section: |
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| 18 | 18 | | (1) "Passenger area of a motor vehicle" has the |
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| 19 | 19 | | meaning assigned by Section 49.031, Penal Code. |
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| 20 | 20 | | (2) "Tamper-proof container" means a closed cup or |
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| 21 | 21 | | similar container that, once sealed, clearly shows whether it has |
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| 22 | 22 | | been opened. |
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| 23 | 23 | | (a-1) Notwithstanding any other provision of this code, the |
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| 24 | 24 | | holder of a mixed beverage permit may deliver, or have delivered by |
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| 25 | 25 | | a third party, including an independent contractor acting under |
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| 26 | 26 | | Chapter 57, an alcoholic beverage from the permitted premises to an |
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| 27 | 27 | | ultimate consumer located off-premises and in an area where the |
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| 28 | 28 | | sale of the beverage is legal if: |
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| 29 | 29 | | (1) [the holder of the mixed beverage permit holds a |
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| 30 | 30 | | food and beverage certificate for the permitted premises; |
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| 31 | 31 | | [(2) the delivery of the alcoholic beverage is made as |
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| 32 | 32 | | part of the delivery of food prepared at the permitted premises; |
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| 33 | 33 | | [(3)] the alcoholic beverage is: |
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| 34 | 34 | | (A) a malt beverage [beer, ale,] or wine |
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| 35 | 35 | | delivered in: |
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| 36 | 36 | | (i) an original container sealed by the |
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| 37 | 37 | | manufacturer; or |
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| 38 | 38 | | (ii) a tamper-proof container that is |
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| 39 | 39 | | sealed by the permit holder and clearly labeled with the permit |
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| 40 | 40 | | holder's business name and the words "alcoholic beverage"; or |
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| 41 | 41 | | (B) an alcoholic beverage other than a malt |
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| 42 | 42 | | beverage [beer, ale,] or wine that: |
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| 43 | 43 | | (i) is [,] delivered in an original[, |
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| 44 | 44 | | single-serving] container sealed by the manufacturer [and not |
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| 45 | 45 | | larger than 375 milliliters]; or |
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| 46 | 46 | | (ii) the permit holder mixes with other |
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| 47 | 47 | | beverages or garnishes and stores in a tamper-proof container that |
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| 48 | 48 | | is sealed by the permit holder and clearly labeled with the permit |
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| 49 | 49 | | holder's business name and the words "alcoholic beverage"; and |
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| 50 | 50 | | (2) [(4)] the delivery is not made to another [a] |
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| 51 | 51 | | premises that is permitted or licensed under this code. |
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| 52 | 52 | | (a-2) Notwithstanding any other provision of this code, the |
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| 53 | 53 | | holder of a mixed beverage permit may allow an ultimate consumer to |
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| 54 | 54 | | pick up an alcoholic beverage described by Subsection (a-1) and |
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| 55 | 55 | | remove the beverage from the permitted premises. |
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| 56 | 56 | | (c) An alcoholic beverage picked up or [may be] delivered |
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| 57 | 57 | | under this section may be provided only to a person who is 21 years |
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| 58 | 58 | | of age or older after the person picking up the alcoholic beverage |
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| 59 | 59 | | or accepting the delivery presents valid proof of identity and age |
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| 60 | 60 | | and: |
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| 61 | 61 | | (1) the person picking up the alcoholic beverage or |
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| 62 | 62 | | accepting the delivery personally signs a receipt, which may be |
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| 63 | 63 | | electronic, acknowledging the pickup or delivery; or |
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| 64 | 64 | | (2) the person providing the beverage for pickup or |
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| 65 | 65 | | making the delivery acknowledges the completion of the pickup or |
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| 66 | 66 | | delivery through a software application. |
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| 67 | 67 | | (d) This section does not authorize the holder of a brewpub |
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| 68 | 68 | | license who also holds a wine and malt beverage [beer] retailer's |
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| 69 | 69 | | permit to deliver alcoholic beverages directly to ultimate |
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| 70 | 70 | | consumers for off-premise consumption at a location other than the |
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| 71 | 71 | | licensed premises. |
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| 72 | 72 | | (e) A person who picks up or delivers an alcoholic beverage |
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| 73 | 73 | | described by Subsection (a-1)(1)(A)(ii) or (a-1)(1)(B)(ii) may not |
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| 74 | 74 | | transport the alcoholic beverage in the passenger area of a motor |
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| 75 | 75 | | vehicle. |
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| 76 | 76 | | SECTION 3. This Act takes effect September 1, 2021. |
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