Bill Text: TX HB2119 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the regulation of restaurants and third-party food delivery services, including the issuance of certain alcoholic beverage certificates to restaurants.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-04-27 - Considered in Calendars [HB2119 Detail]
Download: Texas-2021-HB2119-Introduced.html
Bill Title: Relating to the regulation of restaurants and third-party food delivery services, including the issuance of certain alcoholic beverage certificates to restaurants.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-04-27 - Considered in Calendars [HB2119 Detail]
Download: Texas-2021-HB2119-Introduced.html
87R2455 JES-F | ||
By: Burrows | H.B. No. 2119 |
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relating to the regulation of restaurants and third-party food | ||
delivery services, including the issuance of certain permits to | ||
restaurants. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1.04, Alcoholic Beverage Code, is | ||
amended by adding Subdivision (29) to read as follows: | ||
(29) "Restaurant" means a business that: | ||
(A) operates its own permanent food service | ||
facility with commercial cooking equipment on its premises; and | ||
(B) prepares and offers to sell multiple entrees | ||
for consumption on or off the premises. | ||
SECTION 2. Sections 25.13(a-1), (b-1), and (d), Alcoholic | ||
Beverage Code, as effective September 1, 2021, are amended to read | ||
as follows: | ||
(a-1) A holder of a wine and malt beverage retailer's permit | ||
that is a restaurant may be issued a food and beverage certificate | ||
by the commission if the commission finds that the receipts from the | ||
sale of alcoholic beverages by the permit holder at the location are | ||
60 percent or less of the total receipts from the location. | ||
(b-1) [ |
||
concessionaires in public entertainment venues such as sports | ||
stadiums and convention centers from: | ||
(1) the requirement that the permittee operate its own | ||
permanent food service facility with commercial cooking equipment | ||
on its premises; and | ||
(2) the sales requirements under Subsection | ||
[ |
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(d) A certificate issued under this section expires on the | ||
expiration of the primary wine and malt beverage retailer's permit. | ||
A certificate may be canceled at any time, and the renewal of a | ||
certificate may be denied, if the commission finds that the holder | ||
of the certificate is in violation of Subsection (a-1) [ |
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permittee knowingly operated under a food and beverage certificate | ||
while not complying with this section [ |
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the permittee's wine and malt beverage retailer's permit. The | ||
holder of a wine and malt beverage retailer's permit whose | ||
certificate has been canceled or who is denied renewal of a | ||
certificate under this subsection may not apply for a new | ||
certificate until the day after the first anniversary of the date | ||
the certificate was canceled or the renewal of the certificate was | ||
denied. | ||
SECTION 3. Sections 28.18(a-1), (b-1), and (e), Alcoholic | ||
Beverage Code, are amended to read as follows: | ||
(a-1) A holder of a mixed beverage permit that is a | ||
restaurant may be issued a food and beverage certificate by the | ||
commission if the commission finds that the receipts from the sale | ||
of alcoholic beverages by the permit holder at the location are 60 | ||
percent or less of the total receipts from the location. | ||
(b-1) [ |
||
concessionaires in public entertainment venues such as sports | ||
stadiums and convention centers from: | ||
(1) the requirement that the permittee operate its own | ||
permanent food service facility with commercial cooking equipment | ||
on its premises; and | ||
(2) the sales requirements under Subsection | ||
[ |
||
(e) A certificate issued under this section expires on the | ||
expiration of the primary mixed beverage permit. A certificate may | ||
be canceled at any time, and the renewal of a certificate may be | ||
denied, if the commission finds that the holder of the certificate | ||
is in violation of Subsection (a-1) [ |
||
operated under a food and beverage certificate while not complying | ||
with this section [ |
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commission may cancel or deny the renewal of the permittee's mixed | ||
beverage permit. A mixed beverage permit issued in an area where | ||
the legal sale of mixed beverages was authorized by a local option | ||
election under Section 501.035(b)(9), Election Code, is canceled by | ||
operation of law if the food and beverage certificate is canceled or | ||
is not renewed. The holder of a mixed beverage permit whose | ||
certificate has been canceled or who is denied renewal of a | ||
certificate under this subsection may not apply for a new | ||
certificate until the day after the first anniversary of the date | ||
the certificate was canceled or the renewal of the certificate was | ||
denied. | ||
SECTION 4. Sections 32.23(a-1), (b-1), and (e), Alcoholic | ||
Beverage Code, are amended to read as follows: | ||
(a-1) A holder of a private club registration permit that is | ||
a restaurant may be issued a food and beverage certificate by the | ||
commission if the commission finds that the receipts from the | ||
service of alcoholic beverages by the permit holder at the location | ||
are 60 percent or less of the total receipts from the location. | ||
(b-1) [ |
||
concessionaires in public entertainment venues such as sports | ||
stadiums and convention centers from: | ||
(1) the requirement that the permittee operate its own | ||
permanent food service facility with commercial cooking equipment | ||
on its premises; and | ||
(2) the sales requirements under Subsection | ||
[ |
||
(e) A certificate issued under this section expires on the | ||
expiration of the primary private club registration permit. A | ||
certificate may be canceled at any time, and the renewal of a | ||
certificate may be denied, if the commission finds that the holder | ||
of the certificate is in violation of Subsection (a-1) [ |
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permittee knowingly operated under a food and beverage certificate | ||
while not complying with this section [ |
||
the permittee's private club registration permit. The holder of a | ||
private club registration permit whose certificate has been | ||
canceled or who is denied renewal of a certificate under this | ||
subsection may not apply for a new certificate until the day after | ||
the first anniversary of the date the certificate was canceled or | ||
the renewal of the certificate was denied. | ||
SECTION 5. Sections 69.16(a-1), (b-1), and (d), Alcoholic | ||
Beverage Code, are amended to read as follows: | ||
(a-1) A holder of a retail dealer's on-premise license that | ||
is a restaurant may be issued a food and beverage certificate by the | ||
commission if the commission finds that the receipts from the sale | ||
of alcoholic beverages by the license holder at the location are 60 | ||
percent or less of the total receipts from the location. | ||
(b-1) [ |
||
concessionaires in public entertainment venues such as sports | ||
stadiums and convention centers from: | ||
(1) the requirement that the permittee operate its own | ||
permanent food service facility with commercial cooking equipment | ||
on its premises; and | ||
(2) the sales requirements under Subsection | ||
[ |
||
(d) A certificate issued under this section expires on the | ||
expiration of the primary retail dealer's on-premise license. A | ||
certificate may be canceled at any time, and the renewal of a | ||
certificate may be denied, if the commission finds that the holder | ||
of the certificate is in violation of Subsection (a-1) [ |
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knowingly operated under a food and beverage certificate while not | ||
complying with this section [ |
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licensee's retail dealer's on-premise license. The holder of a | ||
retail dealer's on-premise license whose certificate has been | ||
canceled or who is denied renewal of a certificate under this | ||
subsection may not apply for a new certificate until the day after | ||
the first anniversary of the date the certificate was canceled or | ||
the renewal of the certificate was denied. | ||
SECTION 6. Subtitle C, Title 5, Business & Commerce Code, is | ||
amended by adding Chapter 114 to read as follows: | ||
CHAPTER 114. THIRD-PARTY FOOD DELIVERY SERVICES | ||
Sec. 114.0001. DEFINITIONS. In this chapter: | ||
(1) "Mark" and "trade name" have the meanings assigned | ||
by Section 16.001. | ||
(2) "Restaurant" has the meaning assigned by Section | ||
1.04, Alcoholic Beverage Code. | ||
(3) "Third-party food delivery service" means a | ||
website, mobile application, or other Internet-based service that | ||
acts as an intermediary between consumers and multiple restaurants | ||
not owned or operated by the service to arrange for the delivery of | ||
food or beverages from those restaurants. | ||
Sec. 114.0002. PROHIBITED ACTS. A third-party food | ||
delivery service may not: | ||
(1) arrange for the delivery of food or beverages from | ||
a restaurant in this state unless the service has filed a | ||
certificate of formation or registration with the secretary of | ||
state; | ||
(2) use a restaurant's mark or trade name in connection | ||
with the service in a misleading way that suggests the restaurant | ||
sponsors or endorses the service; | ||
(3) alter a restaurant's pricing for a food or beverage | ||
ordered from the restaurant on the service, except that the service | ||
may charge additional fees for use of the service if the fees are | ||
clearly expressed to the consumer as a separate charge from the | ||
price of the food or beverage ordered from the restaurant; or | ||
(4) charge a restaurant a fee in connection with the | ||
service's delivery of food or beverages from that restaurant unless | ||
the restaurant has agreed to pay a fee to the service under an | ||
agreement under Section 114.0004. | ||
Sec. 114.0003. REQUIREMENTS FOR SERVICE. A third-party | ||
food delivery service shall: | ||
(1) provide a consumer a clearly identified mechanism | ||
for the consumer to express concerns or complaints directly to the | ||
service regarding a delivery of food or beverages arranged through | ||
the service; and | ||
(2) remove a restaurant from the service not later | ||
than the 10th day after the date the service receives a request from | ||
the restaurant to be removed from the service if the service does | ||
not have an agreement with the restaurant to provide the delivery | ||
service. | ||
Sec. 114.0004. TERMS OF AGREEMENT WITH RESTAURANT. (a) An | ||
agreement between a third-party food delivery service and a | ||
restaurant must: | ||
(1) be in writing; | ||
(2) expressly authorize the service to arrange for the | ||
delivery of food or beverages from that restaurant; and | ||
(3) clearly state each fee, including a commission or | ||
other charge, that the restaurant will be required to pay or absorb | ||
in connection with the service's delivery of food from that | ||
restaurant. | ||
(b) The agreement may not include any provision that | ||
requires the restaurant to indemnify the third-party food delivery | ||
service, including an employee or independent contractor of the | ||
service, for claims or liabilities resulting from acts or omissions | ||
of the service or of an employee or independent contractor of the | ||
service. | ||
(c) A provision in an agreement that violates Subsection (b) | ||
is void and unenforceable. | ||
Sec. 114.0005. PRIVATE CAUSE OF ACTION. (a) If a | ||
third-party food delivery service violates Section 114.0002 or | ||
114.0003, a restaurant aggrieved by the violation may bring an | ||
action against the service for: | ||
(1) injunctive relief; and | ||
(2) damages in an amount equal to: | ||
(A) the restaurant's actual damages arising from | ||
the violation; or | ||
(B) the service's profits arising from the | ||
violation. | ||
(b) If the court finds that the defendant committed the | ||
violation knowingly or in bad faith, the court may award the | ||
plaintiff: | ||
(1) exemplary damages in an amount that is not more | ||
than three times the sum of: | ||
(A) the plaintiff's actual damages; and | ||
(B) the defendant's profits arising from the | ||
violation; and | ||
(2) the plaintiff's reasonable attorney's fees. | ||
SECTION 7. Subchapter D, Chapter 438, Health and Safety | ||
Code, is amended by adding Section 438.0432 to read as follows: | ||
Sec. 438.0432. DELIVERY SERVICE FOOD SAFETY ACCREDITATION. | ||
(a) In this section, "third-party food delivery service" has the | ||
meaning assigned by Section 114.0001, Business & Commerce Code. | ||
(b) Notwithstanding Section 438.043, the department as | ||
provided by this section may accredit an education program on basic | ||
food safety for third-party food delivery service employees and | ||
independent contractors who deliver food as authorized by Chapter | ||
114, Business & Commerce Code. | ||
(c) The executive commissioner shall by rule define the | ||
training on basic food safety that must be included in a third-party | ||
food delivery service course curriculum. The course length may not | ||
exceed 30 minutes. | ||
(d) An education program accredited under this section may | ||
require a participant to achieve a passing score on an examination | ||
to successfully complete the course for certification. | ||
(e) An education program accredited under this section may | ||
be provided through the Internet or a mobile application. | ||
(f) The department or a local health authority may not | ||
require a third-party food delivery service employee or independent | ||
contractor to complete an education program accredited under this | ||
section. A local health authority may not charge a fee to an | ||
employee or contractor who provides proof of completion of an | ||
education program accredited under this section. | ||
SECTION 8. Chapter 250, Local Government Code, is amended | ||
by adding Section 250.011 to read as follows: | ||
Sec. 250.011. THIRD-PARTY FOOD DELIVERY SERVICES. (a) In | ||
this section, "third-party food delivery service" has the meaning | ||
assigned by Section 114.0001, Business & Commerce Code. | ||
(b) Notwithstanding any other law, a municipality or county | ||
may not adopt or enforce an ordinance or regulation that: | ||
(1) applies requirements to a third-party food | ||
delivery service that are more restrictive than the requirements | ||
that apply to the service under Chapter 114, Business & Commerce | ||
Code; | ||
(2) affects the fees charged to a restaurant by a | ||
third-party food delivery service; or | ||
(3) affects the terms of an agreement between a | ||
third-party food delivery service and a restaurant required under | ||
Section 114.0004, Business & Commerce Code. | ||
SECTION 9. The following sections of the Alcoholic Beverage | ||
Code are repealed: | ||
(1) Section 25.13(b), as effective September 1, 2021; | ||
(2) Section 28.18(b); | ||
(3) Section 32.23(b); and | ||
(4) Section 69.16(b). | ||
SECTION 10. Section 114.0004, Business & Commerce Code, as | ||
added by this Act, applies only to an agreement entered into or | ||
renewed on or after the effective date of this Act. | ||
SECTION 11. This Act takes effect September 1, 2021. |