Texas 2021 - 87th Regular

Texas Senate Bill SB298 Compare Versions

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

Old	New	Differences
1	1	87R6364 JAM-F
2	2	By: Hancock S.B. No. 298
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the pickup and delivery of alcoholic beverages for
8	8	off-premises consumption.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 28.1001, Alcoholic
11	11	Beverage Code, is amended to read as follows:
12	12	Sec. 28.1001. PICKUP AND [OFF-PREMISES] DELIVERY OF
13	13	ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION.
14	14	SECTION 2. Section 28.1001, Alcoholic Beverage Code, is
15	15	amended by amending Subsections (a), (c), and (d) and adding
16	16	Subsections (a-1), (a-2), and (e) to read as follows:
17	17	(a) In this section:
18	18	(1) "Passenger area of a motor vehicle" has the
19	19	meaning assigned by Section 49.031, Penal Code.
20	20	(2) "Tamper-proof container" means a container that,
21	21	once sealed, clearly shows whether it has been opened. The term
22	22	includes a closed cup or similar container that is:
23	23	(A) placed into a bag that has been sealed with a
24	24	zip tie or staple;
25	25	(B) sealed with shrink wrap or a similar seal; or
26	26	(C) sealed by other methods approved by rule of
27	27	the commission.
28	28	(a-1) Notwithstanding any other provision of this code, the
29	29	holder of a mixed beverage permit may deliver, or have delivered by
30	30	a third party, including an independent contractor acting under
31	31	Chapter 57, an alcoholic beverage from the permitted premises to an
32	32	ultimate consumer located off-premises and in an area where the
33	33	sale of the beverage is legal if:
34	34	(1) the holder of the mixed beverage permit holds a
35	35	food and beverage certificate for the permitted premises;
36	36	(2) the delivery of the alcoholic beverage is made as
37	37	part of the delivery of food prepared at the permitted premises;
38	38	(3) the alcoholic beverage is:
39	39	(A) a malt beverage [beer, ale,] or wine
40	40	delivered in:
41	41	(i) an original container sealed by the
42	42	manufacturer; or
43	43	(ii) a tamper-proof container that is
44	44	sealed by the permit holder and clearly labeled with the permit
45	45	holder's business name and the words "alcoholic beverage"; or
46	46	(B) an alcoholic beverage other than a malt
47	47	beverage [beer, ale,] or wine that:
48	48	(i) is [,] delivered in an original,
49	49	single-serving container sealed by the manufacturer and not larger
50	50	than 375 milliliters; or
51	51	(ii) the permit holder mixes with other
52	52	beverages or garnishes and stores in a tamper-proof container that
53	53	is clearly labeled with the permit holder's business name and the
54	54	words "alcoholic beverage"; and
55	55	(4) the delivery is not made to another [a] premises
56	56	that is permitted or licensed under this code.
57	57	(a-2) Notwithstanding any other provision of this code, the
58	58	holder of a mixed beverage permit may allow an ultimate consumer to
59	59	pick up an alcoholic beverage described by Subsection (a-1)(3) and
60	60	remove the beverage from the permitted premises if:
61	61	(1) the holder of the mixed beverage permit holds a
62	62	food and beverage certificate for the permitted premises; and
63	63	(2) the pickup of the alcoholic beverage is made as
64	64	part of the pickup of food prepared at the permitted premises.
65	65	(c) An alcoholic beverage picked up or [may be] delivered
66	66	under this section may be provided only to a person who is 21 years
67	67	of age or older after the person picking up the alcoholic beverage
68	68	or accepting the delivery presents valid proof of identity and age
69	69	and:
70	70	(1) the person picking up the alcoholic beverage or
71	71	accepting the delivery personally signs a receipt, which may be
72	72	electronic, acknowledging the pickup or delivery; or
73	73	(2) the person providing the beverage for pickup or
74	74	making the delivery acknowledges the completion of the pickup or
75	75	delivery through a software application.
76	76	(d) This section does not authorize the holder of a brewpub
77	77	license who also holds a wine and malt beverage [beer] retailer's
78	78	permit to deliver alcoholic beverages directly to ultimate
79	79	consumers for off-premise consumption at a location other than the
80	80	licensed premises.
81	81	(e) A person who picks up or delivers an alcoholic beverage
82	82	described by Subsection (a-1)(3)(A)(ii) or (a-1)(3)(B)(ii) may not
83	83	transport the alcoholic beverage in the passenger area of a motor
84	84	vehicle.
85	85	SECTION 3. This Act takes effect September 1, 2021.