| 1 | | - | By: Kuempel (Senate Sponsor - Estes) H.B. No. 3003 |
|---|
| 2 | | - | (In the Senate - Received from the House May 5, 2017; |
|---|
| 3 | | - | May 12, 2017, read first time and referred to Committee on Business & |
|---|
| 4 | | - | Commerce; May 21, 2017, reported favorably by the following vote: |
|---|
| 5 | | - | Yeas 8, Nays 0; May 21, 2017, sent to printer.) |
|---|
| 6 | | - | Click here to see the committee vote |
|---|
| 1 | + | H.B. No. 3003 |
|---|
| 10 | 4 | | AN ACT |
|---|
| 11 | 5 | | relating to certain promotional activities by the holders of |
|---|
| 12 | 6 | | certain alcoholic beverage permits and licenses. |
|---|
| 13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 14 | 8 | | SECTION 1. Section 108.061, Alcoholic Beverage Code, is |
|---|
| 15 | 9 | | amended to read as follows: |
|---|
| 16 | 10 | | Sec. 108.061. SWEEPSTAKES PROMOTIONS AUTHORIZED. (a) |
|---|
| 17 | 11 | | Notwithstanding the prohibition against prizes given to a consumer |
|---|
| 18 | 12 | | in Section 108.06 and subject to the rules of the commission, a |
|---|
| 19 | 13 | | manufacturer, [or] nonresident manufacturer, or brewer may offer a |
|---|
| 20 | 14 | | prize to a consumer of legal drinking age if the offer is a part of a |
|---|
| 21 | 15 | | promotional sweepstakes activity. |
|---|
| 22 | 16 | | (b) A purchase or entry fee may not be required of any person |
|---|
| 23 | 17 | | to enter in a sweepstakes authorized under this section. |
|---|
| 24 | 18 | | (c) A person affiliated with the alcoholic beverage |
|---|
| 25 | 19 | | industry may not receive a prize from a sweepstakes authorized |
|---|
| 26 | 20 | | under this section [promotion]. |
|---|
| 27 | 21 | | (d) A prize awarded under this section may include food, |
|---|
| 28 | 22 | | beverages, entertainment, recreation, gifts, or attendance at a |
|---|
| 29 | 23 | | private event at a permitted or licensed premises for the winners of |
|---|
| 30 | 24 | | the sweepstakes and other guests of the sponsor of the event. The |
|---|
| 31 | 25 | | name or location of the premises where a private event described by |
|---|
| 32 | 26 | | this subsection is held may not be mentioned in any advertising |
|---|
| 33 | 27 | | related to the sweepstakes. |
|---|
| 34 | 28 | | (e) If a licensee or permittee conducts a private event |
|---|
| 35 | 29 | | authorized by Subsection (d) at a retailer's premises, the licensee |
|---|
| 36 | 30 | | or permittee shall pay the retailer the fair market value for the |
|---|
| 37 | 31 | | use of the premises. The retailer must retain control of the sale |
|---|
| 38 | 32 | | and service of alcoholic beverages at the private event. |
|---|
| 39 | 33 | | (f) A sweepstakes authorized under this section may be |
|---|
| 40 | 34 | | conducted at a permitted or licensed premises and the prize may be |
|---|
| 41 | 35 | | awarded to the winners at the permitted or licensed premises at |
|---|
| 42 | 36 | | which the sweepstakes is conducted. |
|---|
| 43 | 37 | | SECTION 2. This Act takes effect September 1, 2017. |
|---|
| 44 | | - | * * * * * |
|---|
| 38 | + | ______________________________ ______________________________ |
|---|
| 39 | + | President of the Senate Speaker of the House |
|---|
| 40 | + | I certify that H.B. No. 3003 was passed by the House on May 4, |
|---|
| 41 | + | 2017, by the following vote: Yeas 143, Nays 0, 2 present, not |
|---|
| 42 | + | voting. |
|---|
| 43 | + | ______________________________ |
|---|
| 44 | + | Chief Clerk of the House |
|---|
| 45 | + | I certify that H.B. No. 3003 was passed by the Senate on May |
|---|
| 46 | + | 24, 2017, by the following vote: Yeas 30, Nays 1. |
|---|
| 47 | + | ______________________________ |
|---|
| 48 | + | Secretary of the Senate |
|---|
| 49 | + | APPROVED: _____________________ |
|---|
| 50 | + | Date |
|---|
| 51 | + | _____________________ |
|---|
| 52 | + | Governor |
|---|