H.B. No. 937




AN ACT
relating to authorizing the sampling or tasting of certain alcoholic beverages. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 24, Alcoholic Beverage Code, is amended by adding Section 24.12 to read as follows: Sec. 24.12. WINE SAMPLING. (a) The holder of a wine only package store permit may conduct free product samplings of wine on the permit holder's premises during regular business hours as provided by this section. (b) An agent or employee of the holder of a wine only package store permit may open, touch, or pour wine, make a presentation, or answer questions at a wine sampling. (c) For the purposes of this code and any other law or ordinance: (1) a wine only package store permit does not authorize the sale of alcoholic beverages for on-premise consumption; and (2) none of the permit holder's income may be considered to be income from the sale of alcoholic beverages for on-premise consumption. (d) Any wine used in a wine sampling under this section must be purchased from or provided by the retailer on whose premises the wine sampling is held. (e) When a wine sampling under this section is held on the premises of a wine only package store permit located in an area which is wet for the sale of wine but which is not wet for the sale of higher alcohol content wines that may be sold under an unrestricted wine only package store permit, the only wines that may be sampled are wines which may be legally sold by the wine only package store permittee as restricted under Section 251.81. SECTION 2. Section 26.01, Alcoholic Beverage Code, is amended to read as follows: Sec. 26.01. AUTHORIZED ACTIVITIES. (a) The holder of a wine and beer retailer's off-premise permit may sell for off-premises consumption only, but not for resale, wine, beer, and malt liquors containing alcohol in excess of one-half of one percent by volume but not more than 17 percent by volume. (b) The holder of a wine and beer retailer's off-premise permit may conduct free product samplings of wine on the permit holder's premises during regular business hours as provided by Section 26.08. SECTION 3. Chapter 26, Alcoholic Beverage Code, is amended by adding Section 26.08 to read as follows: Sec. 26.08. WINE SAMPLING. (a) An employee of the holder of a wine and beer retailer's off-premise permit may open, touch, or pour wine, make a presentation, or answer questions at a wine sampling. (b) For purposes of this code and any other law or ordinance: (1) a wine and beer retailer's off-premise permit does not authorize the sale of alcoholic beverages for on-premises consumption; and (2) none of the permit holder's income may be considered to be income from the sale of alcoholic beverages for on-premises consumption. (c) Any wine used in a wine sampling under this section must be purchased from or provided by the retailer on whose premises the wine sampling is held. This section does not authorize the holder of a wine and beer retailer's off-premise permit to withdraw or purchase wine from the holder of a wholesaler's permit or provide wine for a sampling on a retailer's premises that is not purchased from the retailer. The amount of wine purchased from the retailer may not exceed the amount of wine used in the sampling. SECTION 4. Section 37.01, Alcoholic Beverage Code, is amended to read as follows: Sec. 37.01. AUTHORIZED ACTIVITIES. (a) The holder of a nonresident seller's permit may: (1) solicit and take orders for liquor from permittees authorized to import liquor into this state; and (2) ship liquor into this state, or cause it to be shipped into this state, in consummation of sales made to permittees authorized to import liquor into the state. (b) The holder of a nonresident seller's permit who owns a winery outside of the state may conduct wine samplings, including wine tastings, at a retailer's premises. An employee of the winery may open, touch, or pour wine, make a presentation, or answer questions at a wine sampling. (c) Any wine used in a wine sampling under this section must be purchased from the retailer on whose premises the wine sampling is held. This section does not authorize the holder of a nonresident seller's permit or manufacturer's agent's permit to withdraw or purchase wine from the holder of a wholesaler's permit or provide wine for a sampling on a retailer's premises that is not purchased from the retailer. The amount of wine purchased from the retailer may not exceed the amount of wine used in the sampling. SECTION 5. Section 52.01, Alcoholic Beverage Code, is amended by amending Subsection (l) and adding Subsection (m) to read as follows: (l) Except as provided by Subsection (m) or elsewhere in this code, a [A] person other than the permittee or the permittee's agent or employee may not dispense or participate in the dispensing of alcoholic beverages under this chapter. (m) The holder of a nonresident seller's or manufacturer's agent's permit or that permit holder's agent or employee may participate in and conduct product tastings of alcoholic beverages at a retailer's premises and may open, touch, or pour alcoholic beverages, make a presentation, or answer questions at the tasting. Any alcoholic beverage tasted under this subsection must be purchased from the package store permit holder on whose premises the tasting is held. The permit holder may not require the purchase of more alcoholic beverages than are necessary for the tasting. This section does not authorize the holder of a nonresident seller's or manufacturer's agent's permit to withdraw or purchase an alcoholic beverage from the holder of a wholesaler's permit or provide an alcoholic beverage for tasting on a retailer's premises that is not purchased from the retailer. SECTION 6. This Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 937 was passed by the House on March 29, 2005, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 937 on May 16, 2005, by a non-record vote. ______________________________ Chief Clerk of the House I certify that H.B. No. 937 was passed by the Senate, with amendments, on May 5, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: __________________ Date __________________ Governor