79R8867 MCK-F
By: Homer H.B. No. 937
Substitute the following for H.B. No. 937:
By: Goolsby C.S.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.