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Relating to the delivery of alcoholic beverages from certain premises to ultimate consumers; authorizing a fee; creating an offense.
The fiscal implications of the bill cannot be determined at this time as there may be an unknown
amount of revenue generated from the new fee authorized by the bill.
SB 1450 would create a consumer delivery permit to allow for the delivery of alcohol via a contracted employee or driver from the premises of the holder of a retailer’s permit to an ultimate consumer in an area where the sale of the beverage is legal. The Texas Alcoholic Beverage Commission (TABC) would be allowed to instate an annual fee for the delivery permit, and would be required to create a driving training program and adopt rules establishing the minimum requirements for alcohol delivery compliance software applications. Normal restrictions on the purchase of alcoholic beverages (age 21 and up, etc.) would apply to deliveries.
This bill would also allow mix beverage permit holders to be eligible for a consumer delivery permit.
Texas Action recommends supporting SB 1450 because it promotes limited government and free market principles. While this bill establishes a new permit, which we are generally opposed to, it also makes the ability to deliver alcohol to ultimate consumers more uniform for all retailers and creates a predictable framework for liability purposes. Although we would prefer to see deregulation of the permitting processes, this bill would still be an improvement to the status quo. For these reasons, we support B 1450.
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