DETERMINATION OF DELIVERY AREA

(a) In determining whether the sale of an alcoholic beverage is legal in an area for purposes of Section 57.01, a person who sells or delivers an alcoholic beverage under that section may consult a map or other publicly available information produced by the commission for the purpose of establishing where the sale of alcoholic beverages is legal. (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 making the sale is located; (B) the city or town in which the premises of the retailer making the sale is located, if the retailer 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 is located, if applicable. (c) It is a defense to a prosecution alleging that an individual delivered an alcoholic beverage under this chapter to an address located in an area that is dry for the type of beverage delivered that: (1) the individual or the holder of a consumer delivery permit relied on publicly available information produced by the commission relating to the wet or dry classification of the address; and (2) the information indicated that the address to which the beverage was delivered was classified as wet for the type of beverage delivered on the date of the delivery.