87R6364 JAM-F
 
  By: Hancock S.B. No. 298
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the pickup and delivery of alcoholic beverages for
  off-premises consumption.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 28.1001, Alcoholic
  Beverage Code, is amended to read as follows:
         Sec. 28.1001.  PICKUP AND [OFF-PREMISES] DELIVERY OF
  ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION.
         SECTION 2.  Section 28.1001, Alcoholic Beverage Code, is
  amended by amending Subsections (a), (c), and (d) and adding
  Subsections (a-1), (a-2), and (e) to read as follows:
         (a)  In this section:
               (1)  "Passenger area of a motor vehicle" has the
  meaning assigned by Section 49.031, Penal Code.
               (2)  "Tamper-proof container" means a container that,
  once sealed, clearly shows whether it has been opened. The term
  includes a closed cup or similar container that is:
                     (A)  placed into a bag that has been sealed with a
  zip tie or staple;
                     (B)  sealed with shrink wrap or a similar seal; or
                     (C)  sealed by other methods approved by rule of
  the commission.
         (a-1)  Notwithstanding any other provision of this code, the
  holder of a mixed beverage permit may deliver, or have delivered by
  a third party, including an independent contractor acting under
  Chapter 57, an alcoholic beverage from the permitted premises to an
  ultimate consumer located off-premises and in an area where the
  sale of the beverage is legal if:
               (1)  the holder of the mixed beverage permit holds a
  food and beverage certificate for the permitted premises;
               (2)  the delivery of the alcoholic beverage is made as
  part of the delivery of food prepared at the permitted premises;
               (3)  the alcoholic beverage is:
                     (A)  a malt beverage [beer, ale,] or wine
  delivered in:
                           (i)  an original container sealed by the
  manufacturer; or
                           (ii)  a tamper-proof container that is
  sealed by the permit holder and clearly labeled with the permit
  holder's business name and the words "alcoholic beverage"; or 
                     (B)  an alcoholic beverage other than a malt
  beverage [beer, ale,] or wine that:
                           (i)  is [,] delivered in an original,
  single-serving container sealed by the manufacturer and not larger
  than 375 milliliters; or
                           (ii)  the permit holder mixes with other
  beverages or garnishes and stores in a tamper-proof container that
  is clearly labeled with the permit holder's business name and the
  words "alcoholic beverage"; and
               (4)  the delivery is not made to another [a] premises
  that is permitted or licensed under this code.
         (a-2)  Notwithstanding any other provision of this code, the
  holder of a mixed beverage permit may allow an ultimate consumer to
  pick up an alcoholic beverage described by Subsection (a-1)(3) and
  remove the beverage from the permitted premises if:
               (1)  the holder of the mixed beverage permit holds a
  food and beverage certificate for the permitted premises; and
               (2)  the pickup of the alcoholic beverage is made as
  part of the pickup of food prepared at the permitted premises.
         (c)  An alcoholic beverage picked up or [may be] delivered
  under this section may be provided only to a person who is 21 years
  of age or older after the person picking up the alcoholic beverage
  or accepting the delivery presents valid proof of identity and age
  and:
               (1)  the person picking up the alcoholic beverage or
  accepting the delivery personally signs a receipt, which may be
  electronic, acknowledging the pickup or delivery; or
               (2)  the person providing the beverage for pickup or 
  making the delivery acknowledges the completion of the pickup or
  delivery through a software application.
         (d)  This section does not authorize the holder of a brewpub
  license who also holds a wine and malt beverage [beer] retailer's
  permit to deliver alcoholic beverages directly to ultimate
  consumers for off-premise consumption at a location other than the
  licensed premises.
         (e)  A person who picks up or delivers an alcoholic beverage
  described by Subsection (a-1)(3)(A)(ii) or (a-1)(3)(B)(ii) may not
  transport the alcoholic beverage in the passenger area of a motor
  vehicle.
         SECTION 3.  This Act takes effect September 1, 2021.