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AN ACT
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relating to authorizing a holder of a distributor's license to |
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provide samples of malt beverages to retailers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.02, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 102.02. PROVIDING SAMPLES. (a) Notwithstanding any |
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other provision of this code, the holder of a wholesaler's permit or |
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distributor's license or the holder's agent, representative, or |
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employee may furnish or give a sample of liquor or malt beverages to |
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a holder of a permit or license authorizing the sale of that |
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category of alcoholic beverage at retail if the retail permittee or |
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licensee has not previously purchased that brand from that |
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wholesaler permittee or distributor licensee. |
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(b) The liquor or malt beverages provided as a sample under |
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Subsection (a) [wholesaler] may [give the retail permittee] not be |
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more than: |
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(1) 750 milliliters of any brand of distilled spirits; |
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(2) [, not more than] three liters of any brand of |
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wine; and |
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(3) 72 ounces [in that package, and not more than one |
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six-pack] of any brand of malt [other alcoholic] beverage [so |
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packaged]. |
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(c) The holder of a retail permit or license authorizing the |
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sale of liquor or malt beverages [permittee] or the permittee's or |
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licensee's agent, servant, or employee may sample the alcoholic |
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beverage provided under Subsection (a) [the product] on the |
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permitted or licensed retail [licensed] premises only if: |
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(1) the holder of the wholesaler's permit or |
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distributor's license is present; [wholesaler] or |
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(2) the wholesaler's or distributor's agent, servant, |
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or employee is present. |
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SECTION 2. This Act takes effect September 1, 2023. |
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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. 3712 was passed by the House on May 3, |
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2023, by the following vote: Yeas 133, Nays 12, 1 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. 3712 was passed by the Senate on May |
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21, 2023, by the following vote: Yeas 29, Nays 1, 1 present, not |
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voting. |
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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 |