87R4943 JAM-D
By: Holland H.B. No. 983
A BILL TO BE ENTITLED
AN ACT
relating to the pickup and delivery of alcoholic beverages for
off-premises consumption.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 28.1001, Alcoholic
Beverage Code, is amended to read as follows:
Sec. 28.1001. PICKUP AND [OFF-PREMISES] DELIVERY OF
ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION.
SECTION 2. Section 28.1001, Alcoholic Beverage Code, is
amended by amending Subsections (a), (c), and (d) and adding
Subsections (a-1), (a-2), and (e) to read as follows:
(a) In this section:
(1) "Passenger area of a motor vehicle" has the
meaning assigned by Section 49.031, Penal Code.
(2) "Tamper-proof container" means a closed cup or
similar container that is sealed with tape and placed into a bag
that has been sealed with a zip tie.
(a-1) 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) a malt beverage [beer, ale,] or wine
delivered in an original container sealed by the manufacturer; or
(B) an alcoholic beverage other than a malt
beverage [beer, ale,] or wine that:
(i) is[,] delivered in an original,
single-serving container sealed by the manufacturer and not larger
than 375 milliliters; or
(ii) the permit holder mixes with other
beverages and stores in a tamper-proof container that is clearly
labeled with the permit holder's business name and the words
"alcoholic beverage"; and
(4) the delivery is not made to another [a] premises
that is permitted or licensed under this code.
(a-2) Notwithstanding any other provision of this code, the
holder of a mixed beverage permit may allow an ultimate consumer to
pick up an alcoholic beverage described by Subsection (a-1)(3) and
remove the beverage from the permitted premises if the pickup of the
alcoholic beverage is made as part of the pickup of food prepared at
the permitted premises.
(c) An alcoholic beverage picked up or [may be] delivered
under this section may be provided only to a person who is 21 years
of age or older after the person picking up the alcoholic beverage
or accepting the delivery presents valid proof of identity and age
and:
(1) the person picking up the alcoholic beverage or
accepting the delivery personally signs a receipt, which may be
electronic, acknowledging the pickup or delivery; or
(2) the person providing the beverage for pickup or
making the delivery acknowledges the completion of the pickup or
delivery through a software application.
(d) This section does not authorize the holder of a brewpub
license who also holds a wine and malt beverage [beer] retailer's
permit to deliver alcoholic beverages directly to ultimate
consumers for off-premise consumption at a location other than the
licensed premises.
(e) A person who picks up or delivers an alcoholic beverage
described by Subsection (a-1)(3)(B)(ii) may not transport the
alcoholic beverage in the passenger area of a motor vehicle.
SECTION 3. This Act takes effect September 1, 2021.