S.B. No. 1471
relating to the regulation of certain promotional
activities conducted by alcoholic beverage permit and license
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) [
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
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