Texas 2023 - 88th Regular

Texas House Bill HB2003 Compare Versions

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1	1	88R7363 MPF-D
2	2	By: Slawson H.B. No. 2003
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the delivery and direct shipment of certain alcoholic
8	8	beverages to ultimate consumers; creating criminal offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 14, Alcoholic Beverage Code, is amended
11	11	by adding Section 14.09 to read as follows:
12	12	Sec. 14.09. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
13	13	of a distiller's and rectifier's permit may ship to an ultimate
14	14	consumer, including an ultimate consumer located in a dry area,
15	15	distilled spirits sold by the permit holder to the ultimate
16	16	consumer under Section 14.05. Delivery must be by the holder of a
17	17	carrier or consumer delivery permit.
18	18	(b) All distilled spirits shipped to an ultimate consumer by
19	19	the holder of a distiller's and rectifier's permit must be in a
20	20	package that is clearly and conspicuously labeled showing that:
21	21	(1) the package contains distilled spirits; and
22	22	(2) the package may be delivered only to a person
23	23	described by Subsection (c).
24	24	(c) Distilled spirits shipped by the holder of a distiller's
25	25	and rectifier's permit may not be delivered to any person other
26	26	than:
27	27	(1) the person who purchased the distilled spirits;
28	28	(2) a recipient designated in advance by the
29	29	purchaser; or
30	30	(3) a person at the delivery address who is 21 years of
31	31	age or older.
32	32	(d) Distilled spirits may be delivered only to a person who
33	33	is 21 years of age or older and only after the person accepting the
34	34	package:
35	35	(1) presents valid proof of identity and age; and
36	36	(2) personally signs a receipt acknowledging delivery
37	37	of the package.
38	38	(e) The holder of a distiller's and rectifier's permit may
39	39	not:
40	40	(1) sell or ship distilled spirits to a minor;
41	41	(2) deliver distilled spirits to a consumer using a
42	42	carrier that does not hold a carrier's permit or a consumer delivery
43	43	permit under this code; or
44	44	(3) deliver to a consumer in this state more than the
45	45	amount of distilled spirits allowed to be sold to the consumer under
46	46	Section 14.05(c).
47	47	SECTION 2. Section 16.09(a), Alcoholic Beverage Code, is
48	48	amended to read as follows:
49	49	(a) The holder of a winery permit may ship wine to the
50	50	ultimate consumer, including ultimate consumers located in dry
51	51	areas. Delivery must be by the holder of a carrier or consumer
52	52	delivery permit.
53	53	SECTION 3. Section 41.01, Alcoholic Beverage Code, is
54	54	amended to read as follows:
55	55	Sec. 41.01. AUTHORIZED ACTIVITIES. (a) The holder of a
56	56	carrier permit may transport malt beverages and liquor into and out
57	57	of this state and between points within the state.
58	58	(b) The holder may transport malt beverages and liquor from
59	59	one wet area to another wet area across a dry area if that course of
60	60	transportation is necessary or convenient.
61	61	(c) The holder of a carrier permit who transports malt
62	62	beverages or liquor to the premises of a wholesaler, including to a
63	63	location from which the wholesaler is temporarily conducting
64	64	business under Section 109.62, shall provide to the consignee a
65	65	shipping invoice that clearly states:
66	66	(1) the name and address of the consignor and
67	67	consignee;
68	68	(2) the origin and destination of the shipment; and
69	69	(3) any other information required by this code or
70	70	commission rule, including the brands, sizes of containers, types,
71	71	and quantities of malt beverages and liquor contained in the
72	72	shipment.
73	73	SECTION 4. Section 41.04, Alcoholic Beverage Code, is
74	74	amended to read as follows:
75	75	Sec. 41.04. REQUIRED INFORMATION. The holder of a carrier
76	76	permit shall furnish information required by the commission
77	77	concerning the transportation of malt beverages and liquor.
78	78	SECTION 5. Subtitle A, Title 3, Alcoholic Beverage Code, is
79	79	amended by adding Chapter 54A to read as follows:
80	80	CHAPTER 54A. OUT-OF-STATE DISTILLERY DIRECT SHIPPER'S PERMIT
81	81	Sec. 54A.01. AUTHORIZED ACTIVITIES. The holder of an
82	82	out-of-state distillery direct shipper's permit may sell and
83	83	deliver distilled spirits that are produced or bottled by the
84	84	permittee to an ultimate consumer located in the State of Texas.
85	85	Delivery must be by the holder of a carrier permit.
86	86	Sec. 54A.02. PROHIBITED ACTIVITIES. The holder of an
87	87	out-of-state distillery direct shipper's permit may not:
88	88	(1) sell or ship distilled spirits to a minor;
89	89	(2) deliver distilled spirits to a consumer using a
90	90	carrier that does not hold a carrier's permit under this code;
91	91	(3) deliver distilled spirits within a 30-day period
92	92	to the same consumer in this state in an amount that exceeds the
93	93	individual authorization under Section 14.05(c); or
94	94	(4) sell distilled spirits to ultimate consumers for
95	95	off-premises consumption in an annual amount that exceeds the
96	96	annual authorization under Section 14.05(b).
97	97	Sec. 54A.03. QUALIFICATIONS FOR PERMIT. An out-of-state
98	98	distillery direct shipper's permit may only be issued to a person
99	99	who:
100	100	(1) does not hold a distiller's and rectifier's permit
101	101	in the State of Texas;
102	102	(2) operates a distillery located in the United States
103	103	and holds all state and federal permits necessary to operate the
104	104	distillery;
105	105	(3) holds a Texas sales tax permit;
106	106	(4) expressly submits to personal jurisdiction in
107	107	Texas state and federal courts and expressly submits to venue in
108	108	Travis County, Texas, as proper venue for any proceedings that may
109	109	be initiated by or against the commission; and
110	110	(5) does not directly or indirectly have any financial
111	111	interest in a Texas wholesaler or retailer as those terms are used
112	112	in Section 102.01.
113	113	Sec. 54A.04. IDENTIFICATION REQUIREMENTS. (a) All
114	114	distilled spirits sold or shipped by the holder of an out-of-state
115	115	distillery direct shipper's permit must be in a package that is
116	116	clearly and conspicuously labeled showing that:
117	117	(1) the package contains distilled spirits; and
118	118	(2) the package may only be delivered to a person
119	119	described by Subsection (b).
120	120	(b) Distilled spirits sold or shipped by a holder of an
121	121	out-of-state distillery direct shipper's permit may not be
122	122	delivered to any person other than:
123	123	(1) the person who purchased the distilled spirits;
124	124	(2) a recipient designated in advance by the
125	125	purchaser; or
126	126	(3) a person at the delivery address who is 21 years of
127	127	age or older.
128	128	(c) Distilled spirits may be delivered only to a person who
129	129	is 21 years of age or older and only after the person accepting the
130	130	package:
131	131	(1) presents valid proof of identity and age; and
132	132	(2) personally signs a receipt acknowledging delivery
133	133	of the package.
134	134	Sec. 54A.05. REPORTS AND RECORDKEEPING. (a) The holder of
135	135	an out-of-state distillery direct shipper's permit shall maintain
136	136	records of all sales and deliveries made under the permit.
137	137	(b) The holder of an out-of-state distillery direct
138	138	shipper's permit shall maintain complete sales and delivery records
139	139	for all sales and deliveries made under the permit for at least five
140	140	years from the date of sale. These records shall be made available
141	141	on request for inspection by the commission or any other
142	142	appropriate state agency.
143	143	(c) The commission shall establish rules requiring the
144	144	holder of an out-of-state distillery direct shipper's permit to
145	145	periodically file reports providing the commission with such
146	146	information as the commission may determine is needed to more
147	147	efficiently and effectively enforce the state laws applicable to
148	148	the permit holder.
149	149	Sec. 54A.06. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales
150	150	made by the holder of an out-of-state distillery direct shipper's
151	151	permit shall be considered to have been made in the State of Texas
152	152	for delivery in the State of Texas.
153	153	(b) The holder of an out-of-state distillery direct
154	154	shipper's permit shall be responsible for paying the following
155	155	state taxes related to sales and deliveries made under this
156	156	chapter:
157	157	(1) excise taxes on the distilled spirits sold,
158	158	payable at the same rate and in the same manner as if the permittee
159	159	were a Texas distiller or rectifier located in Texas; and
160	160	(2) state sales and use taxes all payable at the same
161	161	rate and in the same manner as if the permittee were a Texas
162	162	distiller or rectifier located in Texas.
163	163	(c) An ultimate consumer who purchases distilled spirits
164	164	from the holder of an out-of-state distillery direct shipper's
165	165	permit under this chapter shall be considered to be purchasing the
166	166	distilled spirits from a Texas permittee and shall not be charged
167	167	the administrative fee for personal imports set forth in Section
168	168	107.07.
169	169	Sec. 54A.07. RESALE PROHIBITED. A consumer purchasing
170	170	distilled spirits from the holder of an out-of-state distillery
171	171	direct shipper's permit may not resell the distilled spirits, and
172	172	any such distilled spirit that is resold is an illicit beverage.
173	173	Sec. 54A.08. DELIVERY AREAS. Distilled spirits shipped
174	174	under this chapter may be delivered to persons located in a dry
175	175	area.
176	176	Sec. 54A.09. LABEL APPROVAL NOT REQUIRED. If the holder of
177	177	an out-of-state distillery direct shipper's permit has satisfied
178	178	all federal label approval requirements for a particular brand of
179	179	distilled spirits, then no further label approval shall be required
180	180	by the commission.
181	181	Sec. 54A.10. RULES. The commission shall adopt rules and
182	182	forms necessary to implement this chapter.
183	183	Sec. 54A.11. PENALTY FOR SHIPPING WITHOUT PERMIT. Any
184	184	person who does not hold an out-of-state distillery direct
185	185	shipper's permit who sells and ships alcohol from outside of Texas
186	186	to an ultimate consumer in Texas commits on first offense a Class B
187	187	misdemeanor, on second offense a Class A misdemeanor, and on third
188	188	offense a state jail felony.
189	189	SECTION 6. Section 57.01, Alcoholic Beverage Code, is
190	190	amended to read as follows:
191	191	Sec. 57.01. AUTHORIZED ACTIVITIES. (a) The holder of a
192	192	consumer delivery permit may contract with or employ a driver for
193	193	the delivery of an alcoholic beverage from the premises of the
194	194	holder of a retailer's or manufacturer's permit or license
195	195	described by Subsection (b) to an ultimate consumer located in an
196	196	area where the sale of the beverage is legal.
197	197	(b) An alcoholic beverage may be delivered under this
198	198	section only if the alcoholic beverage is sold or served to the
199	199	ultimate consumer by the holder of a:
200	200	(1) package store permit;
201	201	(2) wine only package store permit;
202	202	(3) wine and beer retailer's permit;
203	203	(4) wine and beer retailer's off-premise permit;
204	204	(5) retail dealer's on-premise license;
205	205	(6) retail dealer's off-premise license;
206	206	(7) mixed beverage permit authorized to deliver
207	207	alcoholic beverages under Section 28.1001; [or]
208	208	(8) private club permit authorized to deliver
209	209	alcoholic beverages under Section 32.155;
210	210	(9) distiller's and rectifier's permit;
211	211	(10) winery permit; or
212	212	(11) brewer's license.
213	213	SECTION 7. Section 57.02(b), Alcoholic Beverage Code, is
214	214	amended to read as follows:
215	215	(b) The holder of a consumer delivery permit may make
216	216	deliveries of alcoholic beverages:
217	217	(1) only in response to bona fide orders placed by the
218	218	consumer under Section 57.01; and
219	219	(2) only in areas where the sale of the beverages is
220	220	legal in:
221	221	(A) the county in which the premises of the
222	222	retailer or manufacturer making the sale is located;
223	223	(B) the city or town in which the premises of the
224	224	retailer or manufacturer making the sale is located, if the
225	225	retailer or manufacturer is located in a city or town; or
226	226	(C) an area not further than two miles beyond the
227	227	municipal boundary of the city or town in which the premises of the
228	228	retailer or manufacturer is located, if applicable.
229	229	SECTION 8. Section 57.04, Alcoholic Beverage Code, is
230	230	amended to read as follows:
231	231	Sec. 57.04. ELIGIBILITY FOR PERMIT. A consumer delivery
232	232	permit may be issued to:
233	233	(1) a person who contracts with or employs individuals
234	234	for the delivery of retail goods to consumers, other than the holder
235	235	of a permit or license in the [manufacturing or] wholesale tier of
236	236	the alcoholic beverage industry; or
237	237	(2) the holder of a permit or license described by
238	238	Section 57.01(b).
239	239	SECTION 9. Section 57.06(c), Alcoholic Beverage Code, is
240	240	amended to read as follows:
241	241	(c) An alcoholic beverage may be delivered under this
242	242	chapter outside the hours of operation of the retailer or
243	243	manufacturer from which the delivery is being made only if the
244	244	delivery driver:
245	245	(1) receives the beverage from the retailer or
246	246	manufacturer during the retailer's or manufacturer's hours of legal
247	247	sale; and
248	248	(2) completes the delivery to the consumer in a
249	249	reasonable amount of time after leaving the retailer's or
250	250	manufacturer's premises.
251	251	SECTION 10. Section 57.07, Alcoholic Beverage Code, is
252	252	amended to read as follows:
253	253	Sec. 57.07. RETAILER AND MANUFACTURER RESPONSIBILITY. (a)
254	254	A retailer's or manufacturer's responsibilities under this code
255	255	regarding delivery of an alcoholic beverage to an ultimate consumer
256	256	are considered satisfied at the time the retailer or manufacturer
257	257	transfers possession of an alcoholic beverage to the consumer
258	258	delivery permittee or a delivery driver employed by, contracted
259	259	with, or acting on behalf of the holder of a consumer delivery
260	260	permit.
261	261	(b) An action by a consumer delivery permittee or by a
262	262	delivery driver is not attributable to the retailer or manufacturer
263	263	with regard to:
264	264	(1) providing, selling, or serving alcohol to a minor
265	265	or to an intoxicated individual;
266	266	(2) the delivery of alcohol in a dry or otherwise
267	267	illegal area, unless the retailer or manufacturer has contractually
268	268	agreed to retain responsibility for ensuring that deliveries are
269	269	not directed to a dry or otherwise illegal area; or
270	270	(3) any other provision of this code.
271	271	(c) A retailer or manufacturer:
272	272	(1) is not required to verify that the consumer
273	273	delivery permittee or the delivery driver has received delivery
274	274	driver training under Section 57.09(a)(1); and
275	275	(2) may not be held responsible for any reason under
276	276	statutory or common law for the actions of a consumer delivery
277	277	permittee or a delivery driver acting on behalf of a consumer
278	278	delivery permittee.
279	279	SECTION 11. Chapter 62, Alcoholic Beverage Code, is amended
280	280	by adding Section 62.123 to read as follows:
281	281	Sec. 62.123. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
282	282	of a brewer's license may ship to an ultimate consumer, including an
283	283	ultimate consumer located in a dry area, malt beverages sold by the
284	284	license holder to the ultimate consumer under Section 62.122(a)(2).
285	285	Delivery must be by the holder of a carrier or consumer delivery
286	286	permit.
287	287	(b) All malt beverages shipped to an ultimate consumer by
288	288	the holder of a brewer's license must be in a package that is
289	289	clearly and conspicuously labeled showing that:
290	290	(1) the package contains malt beverages; and
291	291	(2) the package may be delivered only to a person
292	292	described by Subsection (c).
293	293	(c) Malt beverages shipped by the holder of a brewer's
294	294	license may not be delivered to any person other than:
295	295	(1) the person who purchased the malt beverages;
296	296	(2) a recipient designated in advance by the
297	297	purchaser; or
298	298	(3) a person at the delivery address who is 21 years of
299	299	age or older.
300	300	(d) Malt beverages may be delivered only to a person who is
301	301	21 years of age or older and only after the person accepting the
302	302	package:
303	303	(1) presents valid proof of identity and age; and
304	304	(2) personally signs a receipt acknowledging delivery
305	305	of the package.
306	306	(e) The holder of a brewer's license may not:
307	307	(1) sell or ship malt beverages to a minor;
308	308	(2) deliver malt beverages to a consumer using a
309	309	carrier that does not hold a carrier's permit or a consumer delivery
310	310	permit under this code; or
311	311	(3) deliver to the same consumer in this state more
312	312	than 288 fluid ounces of malt beverages per calendar day.
313	313	SECTION 12. Subtitle B, Title 3, Alcoholic Beverage Code,
314	314	is amended by adding Chapter 63A to read as follows:
315	315	CHAPTER 63A. OUT-OF-STATE BREWERY DIRECT SHIPPER'S LICENSE
316	316	Sec. 63A.01. AUTHORIZED ACTIVITIES. The holder of an
317	317	out-of-state brewery direct shipper's license may sell and deliver
318	318	malt beverages that are produced or bottled by the licensee to an
319	319	ultimate consumer located in the State of Texas. Delivery must be
320	320	by the holder of a carrier permit.
321	321	Sec. 63A.02. PROHIBITED ACTIVITIES. The holder of an
322	322	out-of-state brewery direct shipper's license may not:
323	323	(1) sell or ship malt beverages to a minor;
324	324	(2) deliver malt beverages to a consumer using a
325	325	carrier that does not hold a carrier's permit under this code;
326	326	(3) deliver malt beverages to the same consumer in the
327	327	same calendar day in an amount that exceeds the daily authorization
328	328	under Section 62.122(a-1); or
329	329	(4) sell malt beverages to ultimate consumers in this
330	330	state in an annual amount that exceeds the annual authorization
331	331	under Section 62.122(b).
332	332	Sec. 63A.03. QUALIFICATIONS FOR LICENSE. An out-of-state
333	333	brewery direct shipper's license may only be issued to a person who:
334	334	(1) does not hold a brewer's license in the State of
335	335	Texas;
336	336	(2) operates a brewery located in the United States
337	337	and holds all state and federal permits necessary to operate the
338	338	brewery;
339	339	(3) holds a Texas sales tax permit;
340	340	(4) expressly submits to personal jurisdiction in
341	341	Texas state and federal courts and expressly submits to venue in
342	342	Travis County, Texas, as proper venue for any proceedings that may
343	343	be initiated by or against the commission; and
344	344	(5) does not directly or indirectly have any financial
345	345	interest in a Texas wholesaler or retailer as those terms are used
346	346	in Section 102.01.
347	347	Sec. 63A.04. IDENTIFICATION REQUIREMENTS. (a) All malt
348	348	beverages sold or shipped by the holder of an out-of-state brewery
349	349	direct shipper's license must be in a package that is clearly and
350	350	conspicuously labeled showing that:
351	351	(1) the package contains malt beverages; and
352	352	(2) the package may only be delivered to a person
353	353	described by Subsection (b).
354	354	(b) Malt beverages sold or shipped by a holder of an
355	355	out-of-state brewery direct shipper's license may not be delivered
356	356	to any person other than:
357	357	(1) the person who purchased the malt beverages;
358	358	(2) a recipient designated in advance by the
359	359	purchaser; or
360	360	(3) a person at the delivery address who is 21 years of
361	361	age or older.
362	362	(c) Malt beverages may be delivered only to a person who is
363	363	21 years of age or older and only after the person accepting the
364	364	package:
365	365	(1) presents valid proof of identity and age; and
366	366	(2) personally signs a receipt acknowledging delivery
367	367	of the package.
368	368	Sec. 63A.05. REPORTS AND RECORDKEEPING. (a) The holder of
369	369	an out-of-state brewery direct shipper's license shall maintain
370	370	records of all sales and deliveries made under the license.
371	371	(b) The holder of an out-of-state brewery direct shipper's
372	372	license shall maintain complete sales and delivery records for all
373	373	sales and deliveries made under the license for at least five years
374	374	from the date of sale. These records shall be made available on
375	375	request for inspection by the commission or any other appropriate
376	376	state agency.
377	377	(c) The commission shall establish rules requiring the
378	378	holder of an out-of-state brewery direct shipper's license to
379	379	periodically file reports providing the commission with such
380	380	information as the commission may determine is needed to more
381	381	efficiently and effectively enforce the state laws applicable to
382	382	the license holder.
383	383	Sec. 63A.06. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales
384	384	made by the holder of an out-of-state brewery direct shipper's
385	385	license shall be considered to have been made in the State of Texas
386	386	for delivery in the State of Texas.
387	387	(b) The holder of an out-of-state brewery direct shipper's
388	388	license shall be responsible for paying the following state taxes
389	389	related to sales and deliveries made under this chapter:
390	390	(1) excise taxes on the malt beverages sold, payable
391	391	at the same rate and in the same manner as if the licensee were a
392	392	Texas brewer located in Texas; and
393	393	(2) state sales and use taxes all payable at the same
394	394	rate and in the same manner as if the licensee were a Texas brewer
395	395	located in Texas.
396	396	(c) An ultimate consumer who purchases malt beverages from
397	397	the holder of an out-of-state brewery direct shipper's license
398	398	under this chapter shall be considered to be purchasing the malt
399	399	beverages from a Texas licensee and shall not be charged the
400	400	administrative fee for personal imports set forth in Section
401	401	107.07.
402	402	Sec. 63A.07. RESALE PROHIBITED. A consumer purchasing malt
403	403	beverages from the holder of an out-of-state brewery direct
404	404	shipper's license may not resell the malt beverages, and any such
405	405	malt beverage that is resold is an illicit beverage.
406	406	Sec. 63A.08. DELIVERY AREAS. Malt beverages shipped under
407	407	this chapter may be delivered to persons located in a dry area.
408	408	Sec. 63A.09. LABEL APPROVAL NOT REQUIRED. If the holder of
409	409	an out-of-state brewery direct shipper's license has satisfied all
410	410	federal label approval requirements for a particular brand of malt
411	411	beverages, then no further label approval shall be required by the
412	412	commission.
413	413	Sec. 63A.10. RULES. The commission shall adopt rules and
414	414	forms necessary to implement this chapter.
415	415	Sec. 63A.11. PENALTY FOR SHIPPING WITHOUT LICENSE. Any
416	416	person who does not hold an out-of-state brewery direct shipper's
417	417	license who sells and ships alcohol from outside of Texas to an
418	418	ultimate consumer in Texas commits on first offense a Class B
419	419	misdemeanor, on second offense a Class A misdemeanor, and on third
420	420	offense a state jail felony.
421	421	SECTION 13. Chapter 74, Alcoholic Beverage Code, is amended
422	422	by adding Section 74.12 to read as follows:
423	423	Sec. 74.12. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
424	424	of a brewpub license may ship to an ultimate consumer, including an
425	425	ultimate consumer located in a dry area, malt beverages sold by the
426	426	license holder to the ultimate consumer under Section 74.01(a)(2).
427	427	Delivery must be by the holder of a carrier or consumer delivery
428	428	permit.
429	429	(b) All malt beverages shipped to an ultimate consumer by
430	430	the holder of a brewpub license must be in a package that is clearly
431	431	and conspicuously labeled showing that:
432	432	(1) the package contains malt beverages; and
433	433	(2) the package may be delivered only to a person
434	434	described by Subsection (c).
435	435	(c) Malt beverages shipped by the holder of a brewpub
436	436	license may not be delivered to any person other than:
437	437	(1) the person who purchased the malt beverages;
438	438	(2) a recipient designated in advance by the
439	439	purchaser; or
440	440	(3) a person at the delivery address who is 21 years of
441	441	age or older.
442	442	(d) Malt beverages may be delivered only to a person who is
443	443	21 years of age or older and only after the person accepting the
444	444	package:
445	445	(1) presents valid proof of identity and age; and
446	446	(2) personally signs a receipt acknowledging delivery
447	447	of the package.
448	448	(e) The holder of a brewpub license may not:
449	449	(1) sell or ship malt beverages to a minor; or
450	450	(2) deliver malt beverages to a consumer using a
451	451	carrier that does not hold a carrier's permit or a consumer delivery
452	452	permit under this code.
453	453	SECTION 14. Section 107.05(b), Alcoholic Beverage Code, is
454	454	amended to read as follows:
455	455	(b) This section does not apply to the transportation of
456	456	liquor into the state as authorized by Chapter 54A or Section 107.07
457	457	[of this code].
458	458	SECTION 15. Section 14.05(d), Alcoholic Beverage Code, is
459	459	repealed.
460	460	SECTION 16. This Act takes effect September 1, 2023.