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AN ACT
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relating to the sampling of malt beverages on the premises of |
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certain manufacturers and retailers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.01, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 12.01. AUTHORIZED ACTIVITIES. (a) The holder of a |
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brewer's permit may: |
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(1) manufacture, bottle, package, and label malt |
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liquor; |
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(2) import ale and malt liquor acquired from a holder |
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of a nonresident brewer's permit; |
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(3) sell the ale and malt liquor only to wholesale |
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permit holders in this state or to qualified persons outside the |
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state; [and] |
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(4) dispense ale and malt liquor for consumption on |
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the premises; and |
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(5) conduct samplings of ale or malt liquor, including |
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tastings, at a retailer's premises. |
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(b) An agent or employee of the holder of a brewer's permit |
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may open, touch, or pour ale or malt liquor, make a presentation, or |
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answer questions at a sampling event. |
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SECTION 2. The heading to Section 24.12, Alcoholic Beverage |
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Code, is amended to read as follows: |
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Sec. 24.12. WINE AND ALE SAMPLING. |
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SECTION 3. Sections 24.12(a), (b), (d), and (e), Alcoholic |
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Beverage Code, are amended to read as follows: |
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(a) The holder of a wine only package store permit may |
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conduct free product samplings of wine or ale on the permit holder's |
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premises during regular business hours as provided by this section. |
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(b) An agent or employee of the holder of a wine only package |
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store permit may open, touch, or pour wine or ale, make a |
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presentation, or answer questions at a [wine] sampling event. |
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(d) Any wine or ale used in a [wine] sampling event under |
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this section must be purchased from or provided by the retailer on |
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whose premises the [wine] sampling event is held. |
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(e) When a [wine] sampling event under this section is held |
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on the premises of a wine only package store permit located in an |
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area which is wet for the sale of wine but which is not wet for the |
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sale of higher alcohol content wines that may be sold under an |
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unrestricted wine only package store permit, the only wines that |
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may be sampled are wines which may be legally sold by the wine only |
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package store permittee as restricted under Section 251.81. |
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SECTION 4. Section 26.01(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) The holder of a wine and beer retailer's off-premise |
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permit may conduct free product samplings of wine, beer, and malt |
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liquor containing alcohol in excess of one-half of one percent by |
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volume but not more than 17 percent by volume on the permit holder's |
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premises during regular business hours as provided by Section |
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26.08. |
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SECTION 5. The heading to Section 26.08, Alcoholic Beverage |
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Code, is amended to read as follows: |
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Sec. 26.08. [WINE] SAMPLING EVENT. |
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SECTION 6. Sections 26.08(a) and (c), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(a) An employee of the holder of a wine and beer retailer's |
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off-premise permit may open, touch, or pour wine, beer, or malt |
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liquor, make a presentation, or answer questions at a [wine] |
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sampling event. |
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(c) Any wine, beer, or malt liquor used in a [wine] sampling |
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event under this section must be purchased from or provided by the |
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retailer on whose premises the [wine] sampling event is held. This |
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section does not authorize the holder of a wine and beer retailer's |
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off-premise permit to withdraw or purchase alcoholic beverages |
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[wine] from the holder of a wholesaler's permit or a distributor's |
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license or provide alcoholic beverages [wine] for a sampling on a |
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retailer's premises that is not purchased from the retailer. The |
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amount of alcoholic beverages [wine] purchased from the retailer |
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may not exceed the amount of alcoholic beverages [wine] used in the |
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sampling event. |
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SECTION 7. Sections 37.01(b) and (c), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(b) The holder of a nonresident seller's permit who owns a |
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winery or brewery outside of the state may conduct [wine] samplings |
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of the kinds of alcoholic beverages the permit holder is authorized |
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to produce, including [wine] tastings, at a retailer's premises. |
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An employee of the winery or brewery may open, touch, or pour the |
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alcoholic beverages [wine], make a presentation, or answer |
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questions at a [wine] sampling event. |
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(c) Any alcoholic beverages [wine] used in a [wine] sampling |
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event under this section must be purchased from the retailer on |
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whose premises the [wine] sampling event is held. This section does |
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not authorize the holder of a nonresident seller's permit or |
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manufacturer's agent's permit to withdraw or purchase alcoholic |
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beverages [wine] from the holder of a wholesaler's permit or |
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provide alcoholic beverages [wine] for a sampling event on a |
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retailer's premises that is not purchased from the retailer. The |
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amount of alcoholic beverages [wine] purchased from the retailer |
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may not exceed the amount of alcoholic beverages [wine] used in the |
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sampling event. |
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SECTION 8. Section 62.01, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 62.01. AUTHORIZED ACTIVITIES. (a) The holder of a |
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manufacturer's license may: |
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(1) manufacture or brew beer and distribute and sell |
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it in this state to the holders of general, local, and branch |
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distributor's licenses and to qualified persons outside the state; |
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(2) dispense beer for consumption on the premises; |
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[and] |
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(3) bottle and can beer and pack it into containers for |
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resale in this state, regardless of whether the beer is |
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manufactured or brewed in this state or in another state and |
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imported into Texas; and |
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(4) conduct samplings of beer, including tastings, at |
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a retailer's premises. |
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(b) An agent or employee of the holder of a manufacturer's |
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license may open, touch, or pour beer, make a presentation, or |
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answer questions at a sampling event. |
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SECTION 9. Chapter 71, Alcoholic Beverage Code, is amended |
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by adding Section 71.11 to read as follows: |
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Sec. 71.11. BEER SAMPLING. (a) The holder of a retail |
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dealer's off-premise license may conduct free product samplings of |
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beer on the license holder's premises during regular business hours |
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as provided by this section. |
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(b) An agent or employee of the holder of a retail dealer's |
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off-premise license may open, touch, or pour beer, make a |
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presentation, or answer questions at a sampling event. |
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(c) For the purposes of this code and any other law or |
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ordinance: |
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(1) a retail dealer's off-premise license does not |
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authorize the sale of alcoholic beverages for on-premise |
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consumption; and |
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(2) none of the license holder's income may be |
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considered to be income from the sale of alcoholic beverages for |
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on-premise consumption. |
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(d) Any beer used in a sampling event under this section |
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must be purchased from or provided by the retailer on whose premises |
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the sampling event is held. |
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SECTION 10. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2723 was passed by the House on May |
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11, 2007, by the following vote: Yeas 129, Nays 5, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2723 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |