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A BILL TO BE ENTITLED
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AN ACT
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relating to a permit authorizing the delivery of alcoholic |
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beverages from the premises of certain alcoholic beverage retailers |
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to consumers; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is |
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amended by adding Chapter 57 to read as follows: |
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CHAPTER 57. CONSUMER DELIVERY PERMIT |
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Sec. 57.01. AUTHORIZED ACTIVITIES. (a) Notwithstanding |
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any other provision of this code, the holder of a consumer delivery |
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permit may contract with or employ a driver for the delivery of an |
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alcoholic beverage from the premises of the holder of a retailer's |
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permit described by Subsection (b) to an ultimate consumer located |
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in an area where the sale of the beverage is legal. |
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(b) An alcoholic beverage may be delivered under this |
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section only if the alcoholic beverage is sold to the ultimate |
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consumer by the holder of a permit authorizing the retail sale and |
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delivery of the alcoholic beverage to the ultimate consumer. |
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Sec. 57.02. DETERMINATION OF DELIVERY AREA. In determining |
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whether the sale of an alcoholic beverage is legal in an area for |
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purposes of Section 57.01, a person who sells or delivers an |
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alcoholic beverage under that section must consult a map or other |
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information produced by the commission for the purpose of |
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establishing where the sale of alcoholic beverages is legal. |
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Sec. 57.03. FEE. The commission by rule shall establish the |
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annual state fee for a consumer delivery permit. |
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Sec. 57.04. ELIGIBILITY FOR PERMIT. A consumer delivery |
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permit may be issued to a person who contracts with or employs |
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individuals for the delivery of retail goods to consumers. |
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Sec. 57.045. DELIVERY DRIVER REQUIREMENTS. A consumer |
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delivery permit holder under this chapter may not contract with or |
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employ a person to make a delivery under this chapter unless the |
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person: |
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(1) is 21 years of age or older; and |
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(2) holds a valid driver's license. |
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Sec. 57.05. DELIVERY OF ALCOHOLIC BEVERAGES TO CONSUMER. |
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(a) An alcoholic beverage may be delivered under this chapter only |
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to a person who is 21 years of age or older after the person |
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accepting the package presents valid proof of identity and age. |
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(b) An alcoholic beverage may not be delivered under this |
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chapter to any person other than: |
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(1) the person who purchased the beverage; |
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(2) a recipient designated in advance by the |
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purchaser; or |
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(3) a person at the delivery address who is 21 years of |
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age or older. |
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(c) An alcoholic beverage may be delivered under this |
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chapter outside the hours of operation of the retailer from which |
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the delivery is being made only if the delivery driver received the |
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beverage from the retailer during the retailer's hours of |
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operation. |
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Sec. 57.06. LIABILITY OF RETAILER. (a) The actions of a |
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delivery driver acting on behalf of a consumer delivery permit |
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holder are not attributable to a retailer if the delivery driver has |
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completed a training program under Section 106.14(c-1). |
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(b) The commission shall develop and implement a program |
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that allows the holder of a retail permit or a consumer delivery |
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permit to verify in real time whether a delivery driver has |
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completed a training program under Section 106.14(c-1). |
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SECTION 2. Section 106.14, Alcoholic Beverage Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) The commission shall adopt and administer under this |
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section a seller training program for the purpose of training |
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delivery drivers contracting with or employed by the holder of a |
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permit under Chapter 57. |
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SECTION 3. This Act takes effect September 1, 2019. |