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