87R7502 JAM-D     By: Jetton H.B. No. 1779       A BILL TO BE ENTITLED   AN ACT   relating to the pickup and delivery of alcoholic beverages 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 closed cup or   similar container that, once sealed, clearly shows whether it has   been opened.          (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, 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 sealed by the permit holder and clearly labeled with the permit   holder's business name and the words "alcoholic beverage"; and                (2) [(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) and   remove the beverage from 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)(1)(A)(ii) or (a-1)(1)(B)(ii) may not   transport the alcoholic beverage in the passenger area of a motor   vehicle.          SECTION 3.  This Act takes effect September 1, 2021.