79R9572 AJA-F

By:  Flores                                                       H.B. No. 2727



A BILL TO BE ENTITLED

AN ACT

relating to certain promotional activities of certain alcoholic 
beverage permit holders.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 102.02, Alcoholic Beverage Code, is 
amended to read as follows:
	Sec. 102.02.  PROVIDING SAMPLES.  Notwithstanding any other 
provision of this code, the holder of a wholesaler's or nonresident 
seller's permit or the holder's agent, representative, or employee 
may furnish or give a sample of liquor to a holder of a permit 
authorizing the sale of that category of alcoholic beverage at 
retail if the retail permittee has not previously purchased that 
brand from that wholesaler or nonresident seller [permittee].  The 
wholesaler or nonresident seller may give the retail permittee not 
more than 750 milliliters of any brand of distilled spirits, not 
more than three liters of any brand of wine in that package, and not 
more than one six-pack of any other alcoholic beverage so packaged.  
The retail permittee or the permittee's agent, servant, or employee 
may sample the product on the licensed premises only if the 
wholesaler, the nonresident seller, or the wholesaler's or 
nonresident seller's agent, servant, or employee is present.
	SECTION 2.  Sections 36.06 and 37.13, Alcoholic Beverage 
Code, are repealed. 
	SECTION 3.  This Act takes effect September 1, 2005.