HB2441 - Relating to the delivery and direct shipment of malt beverages to ultimate consumers; creating a criminal offense.

  89R4298 MPF-D     By: Bucy H.B. No. 2441       A BILL TO BE ENTITLED   AN ACT   relating to the delivery and direct shipment of malt beverages to   ultimate consumers; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 41.01, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 41.01.  AUTHORIZED ACTIVITIES. (a) The holder of a   carrier permit may transport malt beverages and liquor into and out   of this state and between points within the state.          (b)  The holder may transport malt beverages and liquor from   one wet area to another wet area across a dry area if that course of   transportation is necessary or convenient.          (c)  The holder of a carrier permit who transports malt   beverages or liquor to the premises of a wholesaler, including to a   location from which the wholesaler is temporarily conducting   business under Section 109.62, shall provide to the consignee a   shipping invoice that clearly states:                (1)  the name and address of the consignor and   consignee;                (2)  the origin and destination of the shipment; and                (3)  any other information required by this code or   commission rule, including the brands, sizes of containers, types,   and quantities of malt beverages and liquor contained in the   shipment.          SECTION 2.  Section 41.04, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 41.04.  REQUIRED INFORMATION. The holder of a carrier   permit shall furnish information required by the commission   concerning the transportation of malt beverages and liquor.          SECTION 3.  Section 57.01, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 57.01.  AUTHORIZED ACTIVITIES. (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 or manufacturer's permit or license   described by Subsection (b) to an ultimate consumer located in an   area where the sale of the beverage is legal.          (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;                (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 ; or                 (9)  brewer's license .          SECTION 4.  Section 57.02(b), Alcoholic Beverage Code, is   amended to read as follows:          (b)  The holder of a consumer delivery permit may make   deliveries of alcoholic beverages:                (1)  only in response to bona fide orders placed by the   consumer under Section 57.01; and                (2)  only in areas where the sale of the beverages is   legal in:                      (A)  the county in which the premises of the   retailer or manufacturer making the sale is located;                      (B)  the city or town in which the premises of the   retailer or manufacturer making the sale is located, if the   retailer or manufacturer is located in a city or town; or                      (C)  an area not further than two miles beyond the   municipal boundary of the city or town in which the premises of the   retailer or manufacturer is located, if applicable.          SECTION 5.  Section 57.06(c), Alcoholic Beverage Code, is   amended to read as follows:          (c)  An alcoholic beverage may be delivered under this   chapter outside the hours of operation of the retailer or   manufacturer from which the delivery is being made only if the   delivery driver:                (1)  receives the beverage from the retailer or   manufacturer during the retailer's or manufacturer's hours of legal   sale; and                (2)  completes the delivery to the consumer in a   reasonable amount of time after leaving the retailer's or   manufacturer's premises.          SECTION 6.  Section 57.07, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 57.07.  RETAILER AND MANUFACTURER RESPONSIBILITY. (a)     A retailer's or manufacturer's responsibilities under this code   regarding delivery of an alcoholic beverage to an ultimate consumer   are considered satisfied at the time the retailer or manufacturer   transfers possession of an alcoholic beverage to the consumer   delivery permittee or a delivery driver employed by, contracted   with, or acting on behalf of the holder of a consumer delivery   permit.          (b)  An action by a consumer delivery permittee or by a   delivery driver is not attributable to the retailer or manufacturer   with regard to:                (1)  providing, selling, or serving alcohol to a minor   or to an intoxicated individual;                (2)  the delivery of alcohol in a dry or otherwise   illegal area, unless the retailer or manufacturer has contractually   agreed to retain responsibility for ensuring that deliveries are   not directed to a dry or otherwise illegal area; or                (3)  any other provision of this code.          (c)  A retailer or manufacturer :                (1)  is not required to verify that the consumer   delivery permittee or the delivery driver has received delivery   driver training under Section 57.09(a)(1); and                (2)  may not be held responsible for any reason under   statutory or common law for the actions of a consumer delivery   permittee or a delivery driver acting on behalf of a consumer   delivery permittee.          SECTION 7.  Chapter 62, Alcoholic Beverage Code, is amended   by adding Section 62.123 to read as follows:           Sec.   62.123.     DIRECT SHIPMENT TO CONSUMERS. (a) The holder   of a brewer's license may ship to an ultimate consumer, including an   ultimate consumer located in a dry area, malt beverages sold by the   license holder to the ultimate consumer under Section 62.122(a)(2).   Delivery must be by the holder of a carrier or consumer delivery   permit.           (b)     All malt beverages shipped to an ultimate consumer by   the holder of a brewer's license must be in a package that is   clearly and conspicuously labeled showing that:                 (1)  the package contains malt beverages; and                 (2)     the package may be delivered only to a person   described by Subsection (c).           (c)     Malt beverages shipped by the holder of a brewer's   license may not be delivered to any person other than:                 (1)  the person who purchased the malt beverages;                 (2)     a recipient designated in advance by the   purchaser; or                 (3)     a person at the delivery address who is 21 years of   age or older.           (d)     Malt beverages may be delivered only to a person who is   21 years of age or older and only after the person accepting the   package:                 (1)  presents valid proof of identity and age; and                 (2)     personally signs a receipt acknowledging delivery   of the package.           (e)  The holder of a brewer's license may not:                 (1)  sell or ship malt beverages to a minor;                 (2)     deliver malt beverages to a consumer using a   carrier that does not hold a carrier permit or a consumer delivery   permit under this code; or                 (3)     deliver to the same consumer in this state more   than 288 fluid ounces of malt beverages per calendar day.          SECTION 8.  Subtitle B, Title 3, Alcoholic Beverage Code, is   amended by adding Chapter 63A to read as follows:   CHAPTER 63A. OUT-OF-STATE BREWERY DIRECT SHIPPER'S LICENSE           Sec.   63A.01.     AUTHORIZED ACTIVITIES. The holder of an   out-of-state brewery direct shipper's license may sell and deliver   malt beverages that are produced or bottled by the licensee to an   ultimate consumer located in the State of Texas. Delivery must be   by the holder of a carrier permit.           Sec.   63A.02.     PROHIBITED ACTIVITIES. The holder of an   out-of-state brewery direct shipper's license may not:                 (1)  sell or ship malt beverages to a minor;                 (2)     deliver malt beverages to a consumer using a   carrier that does not hold a carrier permit under this code;                 (3)     deliver malt beverages to the same consumer on the   same calendar day in an amount that exceeds the daily authorization   under Section 62.122(a-1); or                 (4)     sell malt beverages to ultimate consumers in this   state in an annual amount that exceeds the annual authorization   under Section 62.122(b).           Sec.   63A.03.     QUALIFICATIONS FOR LICENSE. An out-of-state   brewery direct shipper's license may only be issued to a person who:                 (1)     does not hold a brewer's license in the State of   Texas;                 (2)     operates a brewery located in the United States   and holds all state and federal permits necessary to operate the   brewery;                 (3)  holds a Texas sales tax permit;                 (4)     expressly s [Text truncated for display. Full text available on Congress.gov.]