By Tillery                                            H.B. No. 2720
         76R8102 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain promotional activities for certain alcoholic
 1-3     beverage permit holders.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 102.07(d) and (e), Alcoholic Beverage
 1-6     Code, are amended to read as follows:
 1-7           (d)  A permittee covered under Subsection (a) [of this
 1-8     section] may offer prizes, premiums, or gifts to a consumer [if the
 1-9     offer is national in scope and legally offered and conducted in 30
1-10     states or more].  The use of rebates or coupons redeemable by the
1-11     public for the purchase of alcoholic beverages is prohibited.  The
1-12     holder of a winery permit may furnish to a retailer without cost
1-13     recipes, recipe books, book matches, cocktail napkins, or other
1-14     advertising items showing the name of the winery furnishing the
1-15     items or the brand name of the product advertised if the individual
1-16     cost of the items does not exceed $1.
1-17           (e)  A permittee covered under Subsection (a) [of this
1-18     section] may conduct a sweepstakes or contest promotion if the
1-19     promotion is [part of a nationally conducted promotional activity]
1-20     legally offered and conducted and available statewide [at the same
1-21     time in 30 or more states].  A purchase or entry fee may not be
1-22     required of any person to enter a sweepstakes or contest event
1-23     authorized under this subsection.  A person affiliated with the
1-24     alcoholic beverage industry may not receive a prize from a
 2-1     sweepstakes or contest promotion.
 2-2           SECTION 2.  This Act takes effect September 1, 1999.
 2-3           SECTION 3.  The importance of this legislation and the
 2-4     crowded condition of the calendars in both houses create an
 2-5     emergency and an imperative public necessity that the
 2-6     constitutional rule requiring bills to be read on three several
 2-7     days in each house be suspended, and this rule is hereby suspended.