By: Hayes H.B. No. 5397
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorizing out-of-state winery direct shipper's
  permit holders to conduct sampling or tasting events at certain
  locations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 54.01, Alcoholic Beverage Code, is
  amended to read as follows:
         Sec. 54.01.  AUTHORIZED ACTIVITIES. (a) The holder of an
  out-of-state winery direct shipper's permit may:
               (1)  sell and deliver wine that is produced or bottled
  by the permittee to an ultimate consumer located in the State of
  Texas;
               (2)  dispense free wine for consumption at an event
  under Section 54.13; and
               (3)  collect an event or entrance fee.
         (b)  A delivery of wine into this state by the holder of an
  out-of-state winery direct shipper's permit [Delivery] must be made
  by the holder of a carrier permit.
         SECTION 2.  Chapter 54, Alcoholic Beverage Code, is amended
  by adding Section 54.13 to read as follows:
         Sec. 54.13.  SAMPLING AT TEMPORARY LOCATION. (a) The holder
  of an out-of-state winery direct shipper's permit may conduct wine
  samplings or tastings at a civic or wine festival, farmers' market,
  celebration, or similar event.
         (b)  The wine provided as a sample or at a tasting under
  Subsection (a) must be produced or bottled by the holder of the
  out-of-state winery direct shipper's permit.
         (c)  Sample portions provided at a sampling or tasting event
  under Subsection (a) may not exceed one ounce.
         (d)  A person who receives a sample may not remove the sample
  from the premises of the event under Subsection (a).
         (e)  Wine may legally be transported by the holder of the
  out-of-state winery direct shipper's permit or the permit holder's
  agent or employee to the premises of the event for the purpose of
  providing a sample or a tasting under this section.
         (f)  The cost of the wine provided for a sampling or tasting
  under this section is the responsibility of the holder of the
  out-of-state winery direct shipper's permit providing the sampling
  or tasting.
         (g)  The commission may adopt rules to implement this
  section.
         SECTION 3.  This Act takes effect September 1, 2025.