By: Eltife S.B. No. 808
 
  (Smith)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the sale of distilled spirits to ultimate consumers by
  the holder of a distiller's and rectifier's permit.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 14.01(a), Alcoholic Beverage Code, as
  amended by Chapters 106 (S.B. 905), 195 (S.B. 642), and 1171 (S.B.
  652), Acts of the 83rd Legislature, Regular Session, 2013, is
  reenacted and amended to read as follows:
         (a)  The holder of a distiller's and rectifier's permit may:
               (1)  manufacture distilled spirits;
               (2)  rectify, purify, and refine distilled spirits and
  wines;
               (3)  mix wines, distilled spirits, or other liquors;
               (4)  bottle, label, and package the permit holder's
  finished products;
               (5)  sell the finished products in this state to
  holders of wholesaler's permits and to qualified persons outside
  the state;
               (6)  purchase distilled spirits, to be used only for
  manufacturing or rectification purposes, from holders of
  nonresident seller's permits or distiller's and rectifier's
  permits;
               (7)  dispense free distilled spirits for consumption on
  the permitted premises under Section 14.04; [and]
               (8)  sell bulk alcohol produced by the permit holder to
  holders of industrial permits in this state; and
               (9) [(8)  if located in a wet area,] sell distilled
  spirits to ultimate consumers under Section 14.04 or 14.05.
         SECTION 2.  Section 14.04(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  The holder of a distiller's and rectifier's permit may
  conduct distilled spirits samplings on the permitted
  premises.  The permit holder may:
               (1)  dispense free samples; or
               (2)  if the permitted premises is located in an area
  where the sale of alcoholic beverages is legal as provided by a
  ballot issue approved by the voters under Section 501.035(b)(7),
  (8), or (9), Election Code, collect a fee for the sampling.
         SECTION 3.  Sections 14.05(a) and (b), Alcoholic Beverage
  Code, as added by Chapter 106 (S.B. 905), Acts of the 83rd
  Legislature, Regular Session, 2013, are amended to read as follows:
         (a)  The holder of a distiller's and rectifier's permit whose
  permitted premises is located in an area where the sale of alcoholic
  beverages is legal as provided by a ballot issue approved by the
  voters under Section 501.035(b)(7), (8), or (9), Election Code, may
  sell to ultimate consumers for consumption on the permitted
  premises distilled spirits manufactured or rectified by the permit
  holder in an amount not to exceed 3,000 gallons annually.
         (b)  The holder of a distiller's and rectifier's permit may
  sell distilled spirits manufactured by the permit holder to
  ultimate consumers for off-premises consumption in unbroken
  packages containing not more than 750 milliliters of distilled
  spirits for off-premises consumption in an amount not to exceed
  3,500 gallons annually if:
               (1)  for a permit issued on or after September 1, 2013,
  the permitted premises is located in an area where the sale of
  alcoholic beverages is legal as provided by a ballot issue approved
  by the voters under Section 501.035(b)(5), (6), or (7), Election
  Code; or
               (2)  for a permit issued before September 1, 2013, the
  permitted premises is located in an area where the sale of alcoholic
  beverages is legal as provided by a ballot issue approved by the
  voters under Section 501.035(b)(5), (6), (7), (8), or (9), Election
  Code.
         SECTION 4.  This Act takes effect September 1, 2015.