Bill Text: TX HB1024 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to the pickup and delivery of alcoholic beverages from certain premises for off-premises consumption.

Spectrum: Slight Partisan Bill (Republican 18-11)

Status: (Passed) 2021-05-12 - Effective immediately [HB1024 Detail]

Download: Texas-2021-HB1024-Enrolled.html
 
 
  H.B. No. 1024
 
 
 
 
AN ACT
  relating to the pickup and delivery of alcoholic beverages from
  certain premises 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, as added by Chapter 441 (S.B. 1450), Acts of the 86th
  Legislature, Regular Session, 2019, 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.  Section 32.01(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  A private club registration permit authorizes alcoholic
  beverages belonging to members of the club to be:
               (1)  stored, possessed, and mixed on the club premises;
  [and]
               (2)  served for on-premises consumption only to members
  of the club and their families and guests, by the drink or in
  sealed, unsealed, or broken containers of any legal size; and
               (3)  served for off-premises consumption only to
  members of the club in the manner provided by Section 32.155.
         SECTION 4.  Section 32.15, Alcoholic Beverage Code, is
  amended to read as follows:
         Sec. 32.15.  REMOVAL OF BEVERAGES FROM PREMISES. A private
  club, irrespective of location or system of storage of alcoholic
  beverages, may not permit any person to remove any alcoholic
  beverages from the club premises, except:
               (1)  as authorized by:
                     (A)  Section 28.10(b) or 32.155; or
                     (B)  Chapter 57, as added by Chapter 441 (S.B.
  1450), Acts of the 86th Legislature, Regular Session, 2019; or
               (2)  for the purpose of removing unused inventory the
  person brought onto the premises under Section 14.07, as added by
  Chapter 792 (H.B. 1997), Acts of the 86th Legislature, Regular
  Session, 2019, or 37.01(d).
         SECTION 5.  Chapter 32, Alcoholic Beverage Code, is amended
  by adding Section 32.155 to read as follows:
         Sec. 32.155.  PICKUP AND DELIVERY OF ALCOHOLIC BEVERAGES FOR
  OFF-PREMISES CONSUMPTION. (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" has the meaning assigned
  by Section 28.1001.
         (b)  Notwithstanding any other provision of this code, the
  holder of a private club registration permit may deliver, or have
  delivered by a third party, including an independent contractor
  acting under Chapter 57, as added by Chapter 441 (S.B. 1450), Acts
  of the 86th Legislature, Regular Session, 2019, an alcoholic
  beverage from the permitted premises to an ultimate consumer
  located off-premises and in the county in which the private club is
  located if:
               (1)  the holder of the private club registration 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 ultimate consumer is a member of the club;
               (4)  the alcoholic beverage is:
                     (A)  a malt beverage 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 name of the
  private club registration permit holder and the words "alcoholic
  beverage"; or
                     (B)  an alcoholic beverage other than a malt
  beverage 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 name of the private club registration
  permit holder and the words "alcoholic beverage"; and
               (5)  the delivery is not made to another premises that
  is permitted or licensed under this code.
         (c)  Notwithstanding any other provision of this code, the
  holder of a private club registration permit may allow an ultimate
  consumer to pick up an alcoholic beverage described by Subsection
  (b)(4) and remove the beverage from the permitted premises if:
               (1)  the holder of the private club registration permit
  holds a food and beverage certificate for the permitted premises;
               (2)  the pickup of the alcoholic beverage is made as
  part of the pickup of food prepared at the permitted premises; and
               (3)  the ultimate consumer is a member of the club.
         (d)  An alcoholic beverage picked up or 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.
         (e)  A person who picks up or delivers an alcoholic beverage
  described by Subsection (b)(4)(A)(ii) or (b)(4)(B)(ii) may not
  transport the alcoholic beverage in the passenger area of a motor
  vehicle.
         SECTION 6.  Section 32.17(a), Alcoholic Beverage Code, as
  effective September 1, 2021, is amended to read as follows:
         (a)  The commission or administrator may cancel or suspend
  for a period of time not exceeding 60 days, after notice and
  hearing, an original or renewal private club registration permit on
  finding that the permittee club has:
               (1)  sold, offered for sale, purchased, or held title
  to any alcoholic beverage so as to constitute an open saloon;
               (2)  refused to allow an authorized agent or
  representative of the commission or a peace officer to come on the
  club premises for the purposes of inspecting alcoholic beverages
  stored on the premises or investigating compliance with the
  provisions of this code;
               (3)  refused to furnish the commission or its agent or
  representative when requested any information pertaining to the
  storage, possession, serving, or consumption of alcoholic
  beverages on club premises;
               (4)  except as authorized under Section 32.15,
  permitted or allowed any alcoholic beverages stored on club
  premises to be served or consumed at any place other than on the
  club premises;
               (5)  failed to maintain an adequate building at the
  address for which the private club registration permit was issued;
               (6)  caused, permitted, or allowed any member of a club
  in a dry area to store any liquor on club premises except under the
  locker system;
               (7)  caused, permitted, or allowed any person to
  consume or be served any alcoholic beverage on the club premises:
                     (A)  at any time on Sunday between the hours of
  1:15 a.m. and 10 a.m. or on any other day at any time between the
  hours of 12:15 a.m. and 7 a.m., if the club does not have a retailer
  late hours certificate, except that an alcoholic beverage served to
  a customer between 10 a.m. and 12 noon on Sunday must be provided
  during the service of food to the customer; or
                     (B)  at any time on Sunday between the hours of 2
  a.m. and 10 a.m. or on any other day at any time between the hours of
  2 a.m. and 7 a.m., if the club has a retailer late hours
  certificate, except that an alcoholic beverage served to a customer
  between 10 a.m. and 12 noon on Sunday must be provided during the
  service of food to the customer; or
               (8)  violated or assisted, aided or abetted the
  violation of any provision of this code.
         SECTION 7.  Section 57.01(b), Alcoholic Beverage Code, is
  amended to read as follows:
         (b)  An alcoholic beverage may be delivered under this
  section only if the alcoholic beverage is sold or served to the
  ultimate consumer by the holder of a:
               (1)  package store permit;
               (2)  wine only package store permit;
               (3)  wine and beer retailer's permit;
               (4)  wine and beer retailer's off-premise permit;
               (5)  retail dealer's on-premise license;
               (6)  retail dealer's off-premise license; [or]
               (7)  mixed beverage permit authorized to deliver
  alcoholic beverages under Section 28.1001; or
               (8)  private club permit authorized to deliver
  alcoholic beverages under Section 32.155.
         SECTION 8.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1024 was passed by the House on March
  25, 2021, by the following vote:  Yeas 144, Nays 1, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1024 was passed by the Senate on April
  28, 2021, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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