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.