1-1 By: Jones of Lubbock (Senate Sponsor - Duncan) H.B. No. 3176 1-2 (In the Senate - Received from the House April 27, 1997; 1-3 April 29, 1997, read first time and referred to Committee on State 1-4 Affairs; May 16, 1997, reported favorably by the following vote: 1-5 Yeas 13, Nays 0; May 16, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the sampling of wine on the premises of a holder of a 1-9 winery permit. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Section 16.01, Alcoholic Beverage Code, is 1-12 amended by adding Subsection (e): 1-13 (e) The holder of a winery permit may dispense wine for 1-14 consumption on the premises of the winery under Section 16.07. 1-15 SECTION 2. Chapter 16, Alcoholic Beverage Code, is amended 1-16 by adding Section 16.07 to read as follows: 1-17 Sec. 16.07. WINE SAMPLING. (a) The holder of a winery 1-18 permit may conduct wine samplings, including wine tastings, on the 1-19 permitted premises. The holder of the permit may collect a fee for 1-20 the wine sampling. 1-21 (b) A sampling event authorized by this section may not be 1-22 advertised except by on-site communication or by direct mail. 1-23 (c) A person other than the holder of a permit or the 1-24 holder's agent or employee may not dispense or participate in the 1-25 dispensing of wine under this section. 1-26 (d) A person authorized to dispense wine under this section: 1-27 (1) may serve a person more than one sample; and 1-28 (2) may not serve a sample to a minor or to an 1-29 obviously intoxicated person. 1-30 (e) A person who receives a sample may not remove the sample 1-31 from the permitted premises. 1-32 (f) For the purposes of this code and any other law of this 1-33 state or a political subdivision of this state, the holder of a 1-34 permit, during the sampling of wine under this section, is: 1-35 (1) not the holder of a permit authorizing the sale of 1-36 alcoholic beverages for on-premises consumption; and 1-37 (2) not considered to have received any revenue from 1-38 the on-premises sale of alcoholic beverages. 1-39 SECTION 3. This Act takes effect September 1, 1997. 1-40 SECTION 4. The importance of this legislation and the 1-41 crowded condition of the calendars in both houses create an 1-42 emergency and an imperative public necessity that the 1-43 constitutional rule requiring bills to be read on three several 1-44 days in each house be suspended, and this rule is hereby suspended. 1-45 * * * * *