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                                                                  S.B. No. 1471




AN ACT

relating to the regulation of certain promotional 
activities conducted by alcoholic beverage permit and license 
holders.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsections (d) and (e), Section 102.07, 
Alcoholic Beverage Code, are amended to read as follows:
	(d)  A permittee covered under Subsection (a) [of this 
section] may offer prizes, premiums, or gifts to a consumer [if the 
offer is national in scope and legally offered and conducted in 30 
states or more].  The use of rebates or coupons redeemable by the 
public for the purchase of alcoholic beverages is prohibited.  The 
holder of a winery permit may furnish to a retailer without cost 
recipes, recipe books, book matches, cocktail napkins, or other 
advertising items showing the name of the winery furnishing the 
items or the brand name of the product advertised if the individual 
cost of the items does not exceed $1.
	(e)  A permittee covered under Subsection (a) [of this 
section] may conduct a sweepstakes promotion [if the promotion is 
part of a nationally conducted promotional activity legally offered 
and conducted at the same time in 30 or more states].  A purchase or 
entry fee may not be required of any person to enter a sweepstakes 
event authorized under this subsection.  A person affiliated with 
the alcoholic beverage industry may not receive a prize from a 
sweepstakes promotion.
	SECTION 2.  Section 108.061, Alcoholic Beverage Code, is 
amended to read as follows:
	Sec. 108.061.  [NATIONALLY CONDUCTED] SWEEPSTAKES 
PROMOTIONS AUTHORIZED.  Notwithstanding the prohibition against 
prizes given to a consumer in Section 108.06 [of this code] and 
subject to the rules of the commission, a manufacturer or 
nonresident manufacturer may offer a prize to a consumer if the 
offer is a part of a [nationally conducted] promotional sweepstakes 
activity [legally offered and conducted at the same time period in 
30 or more states].  A purchase or entry fee may not be required of 
any person to enter in a sweepstakes authorized under this section.  
A person affiliated with the alcoholic beverage industry may not 
receive a prize from a sweepstakes promotion.
	SECTION 3.  This Act takes effect September 1, 2005.                           

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 1471 passed the Senate on 
April 28, 2005, by the following vote:  Yeas 31, Nays 0; and that 
the Senate concurred in House amendment on May 17, 2005, by the 
following vote:  Yeas 30, Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 1471 passed the House, with 
amendment, on May 9, 2005, by a non-record vote.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor