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A BILL TO BE ENTITLED
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AN ACT
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relating to the delivery of alcoholic beverages from an alcoholic |
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beverage retailer to an ultimate consumer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.03(a), Alcoholic Beverage Code, as |
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effective September 1, 2021, is amended to read as follows: |
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(a) The holder of a package store permit or wine only |
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package store permit issued for a location within a city or town or |
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within two miles of the corporate limits of a city or town may make |
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deliveries of and collections for alcoholic beverages off the |
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premises [in areas where the sale of the beverages is legal]. The |
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permittee must travel by the most direct route and may make |
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deliveries and collections [only within the county or the city or |
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town or within two miles of its corporate limits, and] only in |
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response to bona fide orders placed by the customer, either in |
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person at the premises, in writing, by mail, or by telegraph or |
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telephone. This section shall not be construed as preventing a |
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holder of a package store permit or wine only package store permit |
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from delivering alcoholic beverages to the holder of a carrier's |
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permit for transportation to persons who have placed bona fide |
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orders and who are located in an area that the holder of a package |
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store permit or wine only package store permit is authorized to |
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directly deliver to under this section. The holder of a package |
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store permit or wine only package store permit may also deliver |
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alcoholic beverages to the holder of a carrier's permit for |
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transportation outside of this state in response to bona fide |
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orders placed by persons authorized to purchase the beverages. |
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SECTION 2. Section 28.1001(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) 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) beer, ale, or wine delivered in an original |
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container sealed by the manufacturer; or |
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(B) an alcoholic beverage other than beer, ale, |
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or wine, delivered in an original, single-serving container sealed |
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by the manufacturer and not larger than 375 milliliters; and |
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(4) the delivery is not made to a premises that is |
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permitted or licensed under this code. |
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SECTION 3. Section 57.01(a), Alcoholic Beverage Code, as |
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added by Chapter 441 (S.B. 1450), Acts of the 86th Legislature, |
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Regular Session, 2019, is amended to read as follows: |
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(a) The holder of a consumer delivery permit may contract |
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with or employ a driver for the delivery of an alcoholic beverage |
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from the premises of the holder of a retailer's permit described by |
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Subsection (b) to an ultimate consumer [located in an area where the |
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sale of the beverage is legal]. The permit holder may make |
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deliveries of alcoholic beverages under this section only in |
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response to bona fide orders placed by the consumer. |
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SECTION 4. Section 57.02, Alcoholic Beverage Code, as added |
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by Chapter 441 (S.B. 1450), Acts of the 86th Legislature, Regular |
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Session, 2019, is repealed. |
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SECTION 5. This Act takes effect September 1, 2021. |