By: Van de Putte S.B. No. 828
(Guillen)
A BILL TO BE ENTITLED
AN ACT
relating to the marketing of certain alcoholic beverages by
manufacturers and their agents; providing for a permitting fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.72, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 11.72. DISCIPLINE FOR ACTIONS OF AGENT. The
commission or administrator may suspend or revoke the permit of a
person who is represented by the holder of an agent's permit under
[as described by] Section 15.01, 35.01, or 36.01 or otherwise
discipline the person based on an act or omission of the holder of
the [an] agent's permit only if an individual employed by the person
in a supervisory position:
(1) was directly involved in the act or omission of the
holder of the [an] agent's permit;
(2) had notice or knowledge of the act or omission; or
(3) failed to take reasonable steps to prevent the act
or omission.
SECTION 2. Subtitle A, Title 3, Alcoholic Beverage Code, is
amended by adding Chapter 15 to read as follows:
CHAPTER 15. DISTILLER'S AGENT'S PERMIT
Sec. 15.01. AUTHORIZED ACTIVITIES. The holder of a
distiller's agent's permit may:
(1) represent the holder of a distiller's and
rectifier's permit;
(2) solicit and take orders from a holder of a
wholesaler's permit for the sale of distilled spirits manufactured
by the permit holder represented by the agent; and
(3) conduct free distilled spirits tastings for
consumers on the premises of the holder of a package store permit.
Sec. 15.02. FEE. The annual state fee for a distiller's
agent's permit is $10.
Sec. 15.03. EVIDENCE OF AGENCY OR EMPLOYMENT REQUIRED. A
distiller's agent's permit may not be issued to a person until the
person shows to the satisfaction of the commission that the person
has been employed by or authorized to act as the agent of the permit
holder the person proposes to represent.
Sec. 15.04. SOLICITATION FROM HOLDER OF MIXED BEVERAGE OR
PRIVATE CLUB PERMIT. A holder of a distiller's agent's permit may
not solicit business directly or indirectly from a holder of a mixed
beverage permit or a private club registration permit unless the
distiller's agent is accompanied by the holder of a wholesaler's
permit or the wholesaler's agent.
Sec. 15.05. UNAUTHORIZED REPRESENTATION. A holder of a
distiller's agent's permit in soliciting or taking orders for the
sale of liquor may not represent that the permit holder is an agent
of any person other than the person designated in the permit
holder's application.
Sec. 15.06. GRACE PERIOD. A person may engage in the
activities specified in Section 15.01 for an initial grace period
of five days during which the person shall procure a distiller's
agent's permit from the commission.
SECTION 3. Chapter 36, Alcoholic Beverage Code, is amended
by adding Section 36.09 to read as follows:
Sec. 36.09. GRACE PERIOD. A person may engage in the
activities specified in Section 36.01 for an initial grace period
of five days during which the person shall procure a manufacturer's
agent's permit from the commission.
SECTION 4. Subsection (m), Section 52.01, Alcoholic
Beverage Code, is amended to read as follows:
(m) The holder of a distiller's or rectifier's permit,
distiller's agent's permit, nonresident seller's permit, or
manufacturer's agent's permit or that permit holder's agent or
employee may participate in and conduct product tastings of
alcoholic beverages at a retailer's premises and may open, touch,
or pour alcoholic beverages, make a presentation, or answer
questions at the tasting. Any alcoholic beverage tasted under this
subsection must be purchased from the package store permit holder
on whose premises the tasting is held. The permit holder may not
require the purchase of more alcoholic beverages than are necessary
for the tasting. This section does not authorize the holder of a
distiller's or rectifier's permit, distiller's agent's permit,
nonresident seller's permit, or manufacturer's agent's permit to
withdraw or purchase an alcoholic beverage from the holder of a
wholesaler's permit or provide an alcoholic beverage for tasting on
a retailer's premises that is not purchased from the retailer.
SECTION 5. This Act takes effect September 1, 2013.