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A BILL TO BE ENTITLED
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AN ACT
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relating to distilled spirits samplings by the holder of a |
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distiller's and rectifier's permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 14.01, Alcoholic Beverage Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) The holder of a distiller's and rectifier's permit may: |
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(1) manufacture distilled spirits; |
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(2) rectify, purify, and refine distilled spirits and |
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wines; |
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(3) mix wines, distilled spirits, or other liquors; |
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(4) bottle, label, and package the permit holder's |
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[his] finished products; |
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(5) sell the finished products in this state to |
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holders of wholesaler's permits and to qualified persons outside |
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the state; [and] |
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(6) import distilled spirits, to be used only for |
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manufacturing or rectification purposes, from holders of |
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nonresident seller's permits; and |
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(7) dispense free distilled spirits for consumption on |
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the permitted premises. |
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(c) The holder of a distiller's and rectifier's permit may |
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dispense distilled spirits for consumption on the permitted |
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premises under Section 14.04. |
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SECTION 2. Chapter 14, Alcoholic Beverage Code, is amended |
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by adding Section 14.04 to read as follows: |
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Sec. 14.04. DISTILLED SPIRITS SAMPLING. (a) The holder of |
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a distiller's and rectifier's permit may conduct distilled spirits |
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samplings on the permitted premises. |
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(b) A sampling event authorized by this section may not be |
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advertised except by on-site communication or by direct mail. |
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(c) A person other than the holder of a permit or the |
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holder's agent or employee may not dispense or participate in the |
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dispensing of distilled spirits under this section. |
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(d) A person authorized to dispense distilled spirits under |
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this section may not: |
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(1) serve a person more than one sample of each brand |
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of distilled spirits being served at a sampling event; or |
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(2) serve a sample to a minor or to an obviously |
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intoxicated person. |
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(e) Sample portions served at a distilled spirits sampling |
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event may not exceed one-half ounce. |
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(f) A person who receives a sample may not remove the sample |
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from the permitted premises. |
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(g) For the purposes of this code and any other law of this |
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state or a political subdivision of this state, the holder of a |
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permit, during the sampling of distilled spirits under this |
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section, is: |
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(1) not the holder of a permit authorizing the sale of |
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alcoholic beverages for on-premises consumption; and |
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(2) not considered to have received any revenue from |
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the on-premises sale of alcoholic beverages. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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