79R8867 MCK-F


By:  Homer                                                        H.B. No. 937



A BILL TO BE ENTITLED

AN ACT

relating to authorizing a nonresident seller to conduct wine 
samplings.     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 37.01, Alcoholic Beverage Code, is 
amended to read as follows:
	Sec. 37.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a 
nonresident seller's permit may:
		(1) solicit and take orders for liquor from permittees 
authorized to import liquor into this state; and
		(2)  ship liquor into this state, or cause it to be 
shipped into this state, in consummation of sales made to 
permittees authorized to import liquor into the state.
	(b)  The holder of a nonresident seller's permit who owns a 
winery outside of the state may conduct wine samplings, including 
wine tastings, at a retailer's premises.  An employee of the winery 
may open, touch, or pour wine, make a presentation, or answer 
questions at a wine sampling.
	(c)  Any wine used in a wine sampling under this section must 
be purchased from the retailer on whose premises the wine sampling 
is held.  This section does not authorize the holder of a 
nonresident seller's permit or manufacturer's agent's permit to 
withdraw or purchase wine from the holder of a wholesaler's permit 
or provide wine for a sampling on a retailer's premises that is not 
purchased from the retailer.  The amount of wine purchased from the 
retailer may not exceed the amount of wine used in the sampling.
	SECTION 2.  This Act takes effect September 1, 2005.