87(R) HB 1024 - Enrolled version - Bill Text

	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