By Goolsby                                            H.B. No. 3297
         76R7436 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to market research permits and to consumption on the
 1-3     premises of certain establishments licensed to sell alcoholic
 1-4     beverages.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 22.10, Alcoholic Beverage Code, is
 1-7     amended to read as follows:
 1-8           Sec. 22.10.  OPENING CONTAINERS PROHIBITED.  Except as
 1-9     authorized under Section 22.115 [52.01 of this code], no person may
1-10     break or open a container containing liquor or beer or possess an
1-11     opened container of liquor or beer on the premises of a package
1-12     store.
1-13           SECTION 2.  Section 22.11, Alcoholic Beverage Code, is
1-14     amended to read as follows:
1-15           Sec. 22.11.  CONSUMPTION ON PREMISES PROHIBITED.  Except as
1-16     authorized under Section 22.115 [52.01], no person may sell,
1-17     barter, exchange, deliver, or give away any drink or drinks of
1-18     alcoholic beverages from a container that has been opened or broken
1-19     on the premises of a package store.
1-20           SECTION 3.  Chapter 22, Alcoholic Beverage Code, is amended
1-21     by adding Section 22.115 to read as follows:
1-22           Sec. 22.115.  PRODUCT TASTING.  (a)  The holder of a package
1-23     store permit may conduct product tastings of distilled spirits,
1-24     wine, beer, and malt-based or spirit-based coolers on the licensed
 2-1     premises during regular business hours as provided by this section.
 2-2           (b)  Written notification of a product tasting must be made
 2-3     to the commission by mailing a letter to the commission not later
 2-4     than 72 hours before the beginning of the tasting event.  The
 2-5     notification shall clearly state:
 2-6                 (1)  the type and brand of alcoholic beverage to be
 2-7     tasted;
 2-8                 (2)  the date and hours the tasting is to take place;
 2-9     and
2-10                 (3)  the address of the premises where the tasting is
2-11     to occur.
2-12           (c)  A copy of the notification shall be kept on file and
2-13     available for inspection on the premises during all tasting hours.
2-14           (d)  Sample portions at a product tasting shall be limited to
2-15     not more than:
2-16                 (1)  one-half ounce for distilled spirits;
2-17                 (2)  one ounce for wine; and
2-18                 (3)  one ounce for beer or coolers.
2-19           (e)  At any one time, not more than two of the following
2-20     categories may be tasted:
2-21                 (1)  distilled spirits;
2-22                 (2)  wine; or
2-23                 (3)  beer and coolers.
2-24           (f)  When distilled spirits are tasted, not more than one
2-25     brand or type may be made available for tasting at one time.  When
2-26     wine is tasted, not more than three different wines may be made
2-27     available for tasting at any one time.  When beer or coolers are
 3-1     tasted, not more than two brands or types of beer or coolers may be
 3-2     made available at any one time.
 3-3           (g)  No charge of any sort may be made for a sample serving.
 3-4           (h)  A person may be served more than one sample.  Samples
 3-5     may not be served to a minor or to an obviously intoxicated person.
 3-6     No samples may be removed from the licensed premises.
 3-7           (i)  During the tasting, not more than two containers of each
 3-8     brand or type of product being tasted may be open on the premises
 3-9     at one time.
3-10           (j)  At the conclusion of the tasting, all empty or open
3-11     containers of alcoholic beverages used in the tasting shall be
3-12     removed from the premises.
3-13           (k)  A tasting event authorized by this section may not be
3-14     advertised except by on-site communications or by direct mail.
3-15           (l)  A person other than the permittee or the permittee's
3-16     agent or employee may not dispense or participate in the dispensing
3-17     of alcoholic beverages under this chapter.
3-18           SECTION 4.  Chapters 49 and 52, Alcoholic Beverage Code, are
3-19     repealed.
3-20           SECTION 5.  This Act takes effect September 1, 1999.
3-21           SECTION 6.  The importance of this legislation and the
3-22     crowded condition of the calendars in both houses create an
3-23     emergency and an imperative public necessity that the
3-24     constitutional rule requiring bills to be read on three several
3-25     days in each house be suspended, and this rule is hereby suspended.