85R1801 MCK-F
 
  By: Raymond H.B. No. 2966
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorizing the sale of alcoholic beverages from
  certain automated dispensing machines.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 11, Alcoholic Beverage
  Code, is amended by adding Section 11.14 to read as follows:
         Sec. 11.14.  AUTOMATED DISPENSING MACHINES. (a) In this
  section:
               (1)  "Identification card" means a card issued by a
  governmental agency that contains a person's name and a physical
  description and photograph of the person, including a driver's
  license or identification card issued by this state or another
  state, a passport, or a military identification card.
               (2)  "Payment card" means a credit card, debit card,
  check card, or other card that is issued to an authorized user to
  purchase or obtain goods, services, money, or any other thing of
  value.
         (b)  A permittee authorized to sell alcoholic beverages for
  on-premises consumption may use an automated machine that, on
  activation of a payment card by the permittee, may be operated to
  dispense the alcoholic beverages.
         (c)  Only the following persons may dispense alcoholic
  beverages from an automated machine authorized by this section:
               (1)  an employee of the permittee who is authorized to
  serve alcoholic beverages; or
               (2)  subject to Subsection (d), a person whom the
  permittee has verified to be 21 years of age or older using an
  identification card that matches the name on the payment card.
         (d)  A verification that a person is 21 years of age or older
  under Subsection (c)(2) must be recorded by the permittee in a
  database and tied to the payment card before the person may dispense
  alcoholic beverages from the automated machine.
         (e)  An automated machine authorized by this section may not
  dispense a serving of more than 32 ounces of beer, 10 ounces of
  wine, or 3 ounces of liquor without the payment card being
  reactivated by the permittee.
         SECTION 2.  Section 51.09, Alcoholic Beverage Code, is
  amended to read as follows:
         Sec. 51.09.  COIN-OPERATED MACHINES PROHIBITED. Except as
  provided by Section 11.14, nothing [Nothing] in this chapter shall
  be construed as authorizing nor may the commission or administrator
  authorize the sale of any alcoholic beverage from a coin-operated
  machine or similar device operated by the consumer that does not
  require the verification and recordation of the consumer's age and
  activation of a payment card prior to operation.
         SECTION 3.  This Act takes effect September 1, 2017.