79R3921 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 36.05, Alcoholic Beverage Code, is 
amended to read as follows:
	Sec. 36.05.  SAMPLES.  (a)  Except as provided by Subsection 
(b), the [The] holder of a manufacturer's agent's permit may not 
transport or carry liquor as samples, but may carry or display empty 
sample containers.
	(b)  The holder of a manufacturer's agent's permit may 
transport samples of wine for a wine sampling under Section 37.01.
	SECTION 2.  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;
		(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.
	SECTION 3.  This Act takes effect September 1, 2005.