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A BILL TO BE ENTITLED
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AN ACT
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relating to the pickup and delivery of alcoholic beverages for |
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off-premises consumption. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 28.1001, Alcoholic |
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Beverage Code, is amended to read as follows: |
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Sec. 28.1001. PICKUP AND [OFF-PREMISES] DELIVERY OF |
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ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION. |
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SECTION 2. Section 28.1001, Alcoholic Beverage Code, is |
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amended by amending Subsections (a), (c), and (d) and adding |
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Subsections (a-1), (a-2), and (e) to read as follows: |
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(a) In this section: |
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(1) "Passenger area of a motor vehicle" has the |
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meaning assigned by Section 49.031, Penal Code. |
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(2) "Tamper-proof container" means a container that, |
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once sealed, clearly shows whether it has been opened. The term |
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includes a closed cup or similar container that is: |
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(A) placed into a bag that has been sealed with a |
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zip tie or staple; |
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(B) sealed with shrink wrap or a similar seal; or |
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(C) sealed by other methods approved by rule of |
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the commission. |
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(a-1) Notwithstanding any other provision of this code, the |
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holder of a mixed beverage permit may deliver, or have delivered by |
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a third party, including an independent contractor acting under |
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Chapter 57, an alcoholic beverage from the permitted premises to an |
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ultimate consumer located off-premises and in an area where the |
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sale of the beverage is legal if: |
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(1) the holder of the mixed beverage permit holds a |
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food and beverage certificate for the permitted premises; |
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(2) the delivery of the alcoholic beverage is made as |
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part of the delivery of food prepared at the permitted premises; |
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(3) the alcoholic beverage is: |
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(A) a malt beverage [beer, ale,] or wine |
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delivered in: |
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(i) an original container sealed by the |
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manufacturer; or |
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(ii) a tamper-proof container that is |
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sealed by the permit holder and clearly labeled with the permit |
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holder's business name and the words "alcoholic beverage"; or |
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(B) an alcoholic beverage other than a malt |
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beverage [beer, ale,] or wine that: |
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(i) is [,] delivered in an original, |
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single-serving container sealed by the manufacturer and not larger |
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than 375 milliliters; or |
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(ii) the permit holder mixes with other |
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beverages or garnishes and stores in a tamper-proof container that |
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is clearly labeled with the permit holder's business name and the |
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words "alcoholic beverage"; and |
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(4) the delivery is not made to another [a] premises |
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that is permitted or licensed under this code. |
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(a-2) Notwithstanding any other provision of this code, the |
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holder of a mixed beverage permit may allow an ultimate consumer to |
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pick up an alcoholic beverage described by Subsection (a-1)(3) and |
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remove the beverage from the permitted premises if: |
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(1) the holder of the mixed beverage permit holds a |
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food and beverage certificate for the permitted premises; and |
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(2) the pickup of the alcoholic beverage is made as |
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part of the pickup of food prepared at the permitted premises. |
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(c) An alcoholic beverage picked up or [may be] delivered |
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under this section may be provided only to a person who is 21 years |
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of age or older after the person picking up the alcoholic beverage |
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or accepting the delivery presents valid proof of identity and age |
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and: |
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(1) the person picking up the alcoholic beverage or |
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accepting the delivery personally signs a receipt, which may be |
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electronic, acknowledging the pickup or delivery; or |
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(2) the person providing the beverage for pickup or |
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making the delivery acknowledges the completion of the pickup or |
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delivery through a software application. |
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(d) This section does not authorize the holder of a brewpub |
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license who also holds a wine and malt beverage [beer] retailer's |
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permit to deliver alcoholic beverages directly to ultimate |
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consumers for off-premise consumption at a location other than the |
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licensed premises. |
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(e) A person who picks up or delivers an alcoholic beverage |
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described by Subsection (a-1)(3)(A)(ii) or (a-1)(3)(B)(ii) may not |
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transport the alcoholic beverage in the passenger area of a motor |
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vehicle. |
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SECTION 3. This Act takes effect September 1, 2021. |