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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 certain |
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premises to ultimate consumers; authorizing a fee; creating an |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.10(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) Except as provided by this section or Sections [Section] |
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28.01(b) and 28.1001, a mixed beverage permittee may not sell an |
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alcoholic beverage to another mixed beverage permittee or to any |
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other person except for consumption on the seller's licensed |
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premises. |
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SECTION 2. Chapter 28, Alcoholic Beverage Code, is amended |
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by adding Section 28.1001 to read as follows: |
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Sec. 28.1001. OFF-PREMISES DELIVERY OF ALCOHOLIC |
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BEVERAGES. (a) Notwithstanding any other provision of this code, |
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the holder of a mixed beverage permit may deliver, or have delivered |
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by 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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(b) An alcoholic beverage may be delivered under this |
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section only by a person who is 21 years of age or older. |
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(c) An alcoholic beverage may be delivered under this |
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section only to a person who is 21 years of age or older after the |
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person accepting the delivery presents valid proof of identity and |
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age and: |
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(1) the person accepting the delivery personally signs |
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a receipt, which may be electronic, acknowledging the delivery; or |
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(2) the person making the delivery acknowledges the |
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completion of the 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 beer retailer's permit to deliver |
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alcoholic beverages directly to ultimate consumers for off-premise |
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consumption at a location other than the licensed premises. |
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SECTION 3. 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) The holder of a |
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consumer delivery permit may contract with or employ a driver for |
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the delivery of an alcoholic beverage from the premises of the |
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holder of a retailer's permit described by Subsection (b) to an |
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ultimate consumer located in an area where the sale of the beverage |
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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: |
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(1) package store permit; |
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(2) wine only package store permit; |
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(3) wine and beer retailer's permit; |
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(4) wine and beer retailer's off-premise permit; |
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(5) retail dealer's on-premise license; |
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(6) retail dealer's off-premise license; or |
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(7) mixed beverage permit authorized to deliver |
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alcoholic beverages under Section 28.1001. |
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Sec. 57.02. DETERMINATION OF DELIVERY AREA. (a) In |
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determining whether the sale of an alcoholic beverage is legal in an |
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area for purposes of Section 57.01, a person who sells or delivers |
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an alcoholic beverage under that section may consult a map or other |
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publicly available information produced by the commission for the |
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purpose of establishing where the sale of alcoholic beverages is |
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legal. |
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(b) The holder of a consumer delivery permit may make |
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deliveries of alcoholic beverages: |
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(1) only in response to bona fide orders placed by the |
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consumer under Section 57.01; and |
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(2) only in areas where the sale of the beverages is |
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legal in: |
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(A) the county in which the premises of the |
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retailer making the sale is located; |
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(B) the city or town in which the premises of the |
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retailer making the sale is located, if the retailer is located in a |
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city or town; or |
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(C) an area not further than two miles beyond the |
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municipal boundary of the city or town in which the premises of the |
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retailer is located, if applicable. |
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(c) It is a defense to a prosecution alleging that an |
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individual delivered an alcoholic beverage under this chapter to an |
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address located in an area that is dry for the type of beverage |
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delivered that: |
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(1) the individual or the holder of a consumer |
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delivery permit relied on publicly available information produced |
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by the commission relating to the wet or dry classification of the |
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address; and |
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(2) the information indicated that the address to |
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which the beverage was delivered was classified as wet for the type |
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of beverage delivered on the date of the delivery. |
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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: |
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(1) a person who contracts with or employs individuals |
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for the delivery of retail goods to consumers, other than the holder |
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of a permit or license in the manufacturing or wholesale tier of the |
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alcoholic beverage industry; or |
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(2) the holder of a permit or license described by |
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Section 57.01(b). |
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Sec. 57.05. 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. 57.06. 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 delivery 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: |
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(1) receives the beverage from the retailer during the |
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retailer's hours of legal sale; and |
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(2) completes the delivery to the consumer in a |
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reasonable amount of time after leaving the retailer's premises. |
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Sec. 57.07. RETAILER RESPONSIBILITY. (a) A retailer's |
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responsibilities under this code regarding delivery of an alcoholic |
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beverage to an ultimate consumer are considered satisfied at the |
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time the retailer transfers possession of an alcoholic beverage to |
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the consumer delivery permittee or a delivery driver employed by, |
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contracted with, or acting on behalf of the holder of a consumer |
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delivery permit. |
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(b) An action by a consumer delivery permittee or by a |
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delivery driver is not attributable to the retailer with regard to: |
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(1) providing, selling, or serving alcohol to a minor |
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or to an intoxicated individual; |
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(2) the delivery of alcohol in a dry or otherwise |
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illegal area, unless the retailer has contractually agreed to |
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retain responsibility for ensuring that deliveries are not directed |
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to a dry or otherwise illegal area; or |
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(3) any other provision of this code. |
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(c) A retailer: |
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(1) is not required to verify that the consumer |
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delivery permittee or the delivery driver has received delivery |
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driver training under Section 57.09(a)(1); and |
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(2) may not be held responsible for any reason under |
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statutory or common law for the actions of a consumer delivery |
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permittee or a delivery driver acting on behalf of a consumer |
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delivery permittee. |
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Sec. 57.08. RESPONSIBILITY OF HOLDER OF CONSUMER DELIVERY |
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PERMIT. (a) The actions of a delivery driver acting on behalf of a |
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holder of a consumer delivery permit are not attributable to a |
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holder of a consumer delivery permit if the permit holder has not |
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directly or indirectly encouraged the delivery driver to violate |
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the law and the delivery driver: |
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(1) has a valid certification from the training |
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program adopted under Section 57.09(a)(1); or |
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(2) completed the delivery using an alcohol delivery |
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compliance software application that meets the requirements |
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established under Section 57.09(a)(2). |
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(b) Notwithstanding Subsection (a), if it is found, after |
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notice and hearing, that the permittee, an agent or employee of the |
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permittee, or a person acting on behalf of the permittee delivered |
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with criminal negligence an alcoholic beverage to a minor or an |
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intoxicated person, the commission or administrator may: |
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(1) suspend the permit for not more than 90 days for |
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the first violation; |
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(2) suspend the permit for not more than six months for |
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the second violation; and |
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(3) suspend the permit for not more than 12 months for |
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a third violation within a period of 36 consecutive months. |
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(c) It is a rebuttable presumption that a sale or delivery |
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of an alcoholic beverage to a minor or an intoxicated person was not |
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made with criminal negligence if the delivery driver: |
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(1) at the time of the delivery held a valid |
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certification from the training program adopted under Section |
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57.09(a)(1); and |
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(2) completed the delivery as a result of a technical |
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malfunction of an alcohol delivery compliance software application |
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that otherwise meets the requirements established under Section |
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57.09(a)(2). |
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Sec. 57.09. DELIVERY TRAINING PROGRAM AND VERIFICATION |
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SYSTEMS. (a) The commission by rule shall: |
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(1) adopt and administer an alcohol delivery training |
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program for the purpose of training and certifying delivery drivers |
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contracting with or employed by the holder of a permit under Section |
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28.1001 or this chapter; and |
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(2) establish minimum requirements for alcohol |
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delivery compliance software applications. |
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(b) The commission shall implement a system that allows the |
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holder of a retail permit or a consumer delivery permit to verify in |
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real time whether a delivery driver has a valid certification from |
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the training program adopted under Subsection (a)(1). |
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SECTION 4. The heading to Section 101.63, Alcoholic |
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Beverage Code, is amended to read as follows: |
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Sec. 101.63. SALE OR DELIVERY TO CERTAIN PERSONS. |
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SECTION 5. Section 101.63, Alcoholic Beverage Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) A person commits an offense if the person with |
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criminal negligence delivers for commercial purposes an alcoholic |
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beverage to an intoxicated person. |
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SECTION 6. Not later than September 1, 2020, the Texas |
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Alcoholic Beverage Commission shall adopt rules to implement |
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Section 57.09(a), Alcoholic Beverage Code, as added by this Act. |
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SECTION 7. This Act takes effect September 1, 2019. |
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* * * * * |