By Jones of Lubbock                                   H.B. No. 3176

         75R9293 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the sampling of wine on the premises of a holder of a

 1-3     winery permit.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 16.01, Alcoholic Beverage Code, is

 1-6     amended by adding Subsection (e):

 1-7           (e)  The holder of a winery permit may dispense wine for

 1-8     consumption on the premises of the winery under Section 16.07.

 1-9           SECTION 2.  Chapter 16, Alcoholic Beverage Code, is amended

1-10     by adding Section 16.07 to read as follows:

1-11           Sec. 16.07.  WINE SAMPLING.  (a)  The holder of a winery

1-12     permit may conduct wine samplings, including wine tastings, on the

1-13     permitted premises.  The holder of the permit may collect a fee for

1-14     the wine sampling.

1-15           (b)  A sampling event authorized by this section may not be

1-16     advertised except by on-site communication or by direct mail.

1-17           (c)  A person other than the holder of a permit or the

1-18     holder's agent or employee may not dispense or participate in the

1-19     dispensing of wine under this section.

1-20           (d)  A person authorized to dispense wine under this section:

1-21                 (1)  may serve a person more than one sample; and

1-22                 (2)  may not serve a sample to a minor or to an

1-23     obviously intoxicated person.

1-24           (e)  A person who receives a sample may not remove the sample

 2-1     from the permitted premises.

 2-2           (f)  For the purposes of this code and any other law of this

 2-3     state or a political subdivision of this state, the holder of a

 2-4     permit, during the sampling of wine under this section, is:

 2-5                 (1)  not the holder of a permit authorizing the sale of

 2-6     alcoholic beverages for on-premises consumption; and

 2-7                 (2)  not considered to have received any revenue from

 2-8     the on-premises  sale of alcoholic beverages.

 2-9           SECTION 3.  This Act takes effect September 1, 1997.

2-10           SECTION 4.  The importance of this legislation and the

2-11     crowded condition of the calendars in both houses create an

2-12     emergency and an imperative public necessity that the

2-13     constitutional rule requiring bills to be read on three several

2-14     days in each house be suspended, and this rule is hereby suspended.