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                                                                  H.B. No. 2590




AN ACT

relating to the issuance of a package store tasting permit to the 
holder of a wine only package store permit.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 24.09, Alcoholic Beverage Code, is 
amended to read as follows:
	Sec. 24.09.  OPENING CONTAINERS PROHIBITED.  Except as 
provided by Section 52.01, a [No] person may not break or open a 
container of liquor or beer or possess an opened container of liquor 
or beer on the premises of a wine only package store.
	SECTION 2.  Section 24.10, Alcoholic Beverage Code, is 
amended to read as follows:
	Sec. 24.10.  BEVERAGE FROM OPENED CONTAINER.  Except as 
provided by Section 52.01, a [No] person may not sell, barter, 
exchange, deliver, or give away a drink of alcoholic beverage from a 
container that has [for any reason] been opened or broken on the 
premises of a wine only package store.
	SECTION 3.  Section 52.01(a), Alcoholic Beverage Code, is 
amended to read as follows:
	(a)  Except as provided by this subsection, the [The] holder 
of a package store tasting permit may conduct product tastings of 
distilled spirits, wine, beer, and malt-based or spirit-based 
coolers on the permitted [licensed] premises of the holder's 
package store or wine only package store during regular business 
hours as provided by this section.  The holder of a wine only 
package store permit and a package store tasting permit may conduct 
product tastings only of alcoholic beverages the permit holder is 
authorized to sell under Section 24.01.
	SECTION 4.  Section 52.03, Alcoholic Beverage Code, is 
amended to read as follows:
	Sec. 52.03.  ELIGIBILITY FOR PERMIT.  The commission or the 
administrator may only issue a package store tasting permit to a 
holder of a package store permit or wine only package store permit.  
For the purposes of this code and any other law of the state or 
political subdivision of the state, a package store tasting permit 
may not be considered a permit authorizing the sale of alcoholic 
beverages for on-premise consumption.  Since no charge may be made 
for a sample tasted on the premises of a package store, none of a 
package store's or wine only package store's revenue may be deemed 
to be revenue from the on-premise sale of alcoholic beverages.
	SECTION 5.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 2590 was passed by the House on May 9, 
2005, by the following vote:  Yeas 144, Nays 0, 3 present, not 
voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 2590 was passed by the Senate on May 
25, 2005, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor