87R5003 MCF-D     By: Beckley H.B. No. 1519       A BILL TO BE ENTITLED   AN ACT   relating to the delivery of alcoholic beverages from an alcoholic   beverage retailer to an ultimate consumer.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 22.03(a), Alcoholic Beverage Code, as   effective September 1, 2021, is amended to read as follows:          (a)  The holder of a package store permit or wine only   package store permit issued for a location within a city or town or   within two miles of the corporate limits of a city or town may make   deliveries of and collections for alcoholic beverages off the   premises [in areas where the sale of the beverages is legal]. The   permittee must travel by the most direct route and may make   deliveries and collections [only within the county or the city or   town or within two miles of its corporate limits, and] only in   response to bona fide orders placed by the customer, either in   person at the premises, in writing, by mail, or by telegraph or   telephone. This section shall not be construed as preventing a   holder of a package store permit or wine only package store permit   from delivering alcoholic beverages to the holder of a carrier's   permit for transportation to persons who have placed bona fide   orders and who are located in an area that the holder of a package   store permit or wine only package store permit is authorized to   directly deliver to under this section. The holder of a package   store permit or wine only package store permit may also deliver   alcoholic beverages to the holder of a carrier's permit for   transportation outside of this state in response to bona fide   orders placed by persons authorized to purchase the beverages.          SECTION 2.  Section 28.1001(a), Alcoholic Beverage Code, is   amended to read as follows:          (a)  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, 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)  beer, ale, or wine delivered in an original   container sealed by the manufacturer; or                      (B)  an alcoholic beverage other than beer, ale,   or wine, delivered in an original, single-serving container sealed   by the manufacturer and not larger than 375 milliliters; and                (4)  the delivery is not made to a premises that is   permitted or licensed under this code.          SECTION 3.  Section 57.01(a), Alcoholic Beverage Code, as   added by Chapter 441 (S.B. 1450), Acts of the 86th Legislature,   Regular Session, 2019, is amended to read as follows:          (a)  The holder of a consumer delivery permit may contract   with or employ a driver for the delivery of an alcoholic beverage   from the premises of the holder of a retailer's permit described by   Subsection (b) to an ultimate consumer [located in an area where the   sale of the beverage is legal]. The permit holder may make   deliveries of alcoholic beverages under this section only in   response to bona fide orders placed by the consumer.          SECTION 4.  Section 57.02, Alcoholic Beverage Code, as added   by Chapter 441 (S.B. 1450), Acts of the 86th Legislature, Regular   Session, 2019, is repealed.          SECTION 5.  This Act takes effect September 1, 2021.