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