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) to read as follows: 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. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 3176 was passed by the House on April 25, 1997, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 3176 was passed by the Senate on May 26, 1997, by the following vote: Yeas 31, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor