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AN ACT
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relating to the hours for selling alcoholic beverages in certain |
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establishments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24.07, Alcoholic Beverage Code, as |
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effective September 1, 2021, is amended to read as follows: |
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Sec. 24.07. HOURS OF SALE. A holder of a wine only package |
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store permit may remain open and sell malt beverages, wine, and |
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vinous liquors, for off-premises consumption only, on any day and |
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during the same hours as those prescribed for the sale of malt |
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beverages under Section 105.05 [that the holder of a wine and malt |
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beverage retailer's permit may sell malt beverages and wine], |
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except that the permittee may not sell wine or vinous liquor |
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containing more than 17 percent alcohol by volume on a Sunday or |
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after 10 p.m. on any day. |
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SECTION 2. Section 105.01(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) Except as provided in Sections 105.02, 105.03, 105.04, |
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[and] 105.08, and 105.091, no person may sell, offer for sale, or |
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deliver any liquor: |
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(1) on New Year's Day, Thanksgiving Day, or Christmas |
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Day; |
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(2) on Sunday; or |
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(3) before 10 a.m. or after 9 p.m. on any other day. |
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SECTION 3. Section 105.04, Alcoholic Beverage Code, as |
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effective September 1, 2021, is amended to read as follows: |
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Sec. 105.04. HOURS OF SALE: WINE AND MALT BEVERAGE |
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RETAILER. The hours of sale and delivery for alcoholic beverages |
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sold under a wine and malt beverage retailer's permit or a wine and |
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malt beverage retailer's off-premise permit are the same as those |
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prescribed for the sale of malt beverages under Section 105.05[, |
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except that no sale shall be allowed between 2 a.m. and noon on |
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Sunday]. |
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SECTION 4. Section 105.05(b), Alcoholic Beverage Code, as |
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effective September 1, 2021, is amended to read as follows: |
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(b) A person may sell, offer for sale, or deliver malt |
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beverages between 7 a.m. and midnight on any day except Sunday. On |
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Sunday a person may sell malt beverages between midnight and 1:00 |
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a.m. and between noon and midnight, except that: |
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(1) permittees or licensees authorized to sell for |
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on-premise consumption may sell malt beverages between 10:00 a.m. |
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and noon if the malt beverages are served to a customer during the |
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service of food to the customer; and |
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(2) holders of a retail dealer's on-premise license or |
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a retail dealer's off-premise license may also sell malt beverages |
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for off-premise consumption between 10:00 a.m. and noon. |
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SECTION 5. Section 105.06, Alcoholic Beverage Code, is |
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amended by amending Subsections (b) and (c) and adding Subsection |
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(f) to read as follows: |
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(b) Except as provided by Subsection (f), in [In] a standard |
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hours area, a person commits an offense if the person [he] consumes |
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or possesses with intent to consume an alcoholic beverage in a |
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public place at any time on Sunday between 1:15 a.m. and 12 noon or |
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on any other day between 12:15 a.m. and 7 a.m. |
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(c) Except as provided by Subsection (f), in [In] an |
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extended hours area, a person commits an offense if the person [he] |
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consumes or possesses with intent to consume an alcoholic beverage |
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in a public place at any time on Sunday between 2:15 a.m. and 12 noon |
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and on any other day between 2:15 a.m. and 7 a.m. |
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(f) A person who is a registered guest of a hotel may consume |
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or possess alcoholic beverages in the hotel bar, as defined by |
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Section 105.091, at any time. |
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SECTION 6. Chapter 105, Alcoholic Beverage Code, is amended |
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by adding Section 105.091 to read as follows: |
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Sec. 105.091. HOURS OF SALE; HOTEL BAR. (a) In this |
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section, "hotel bar" means an establishment that is located in a |
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hotel and holds a permit or license providing for the on-premises |
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consumption of alcoholic beverages. |
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(b) Notwithstanding any other law, a hotel bar may sell or |
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offer for sale alcoholic beverages at any time to a registered guest |
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of the hotel. |
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SECTION 7. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1518 was passed by the House on May 5, |
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2021, by the following vote: Yeas 126, Nays 19, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1518 on May 28, 2021, by the following vote: Yeas 115, Nays 24, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1518 was passed by the Senate, with |
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amendments, on May 22, 2021, by the following vote: Yeas 26, Nays |
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4. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |