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.

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