By: Kuempel (Senate Sponsor - Estes) H.B. No. 3003
(In the Senate - Received from the House May 5, 2017;
May 12, 2017, read first time and referred to Committee on Business &
Commerce; May 21, 2017, reported favorably by the following vote:
Yeas 8, Nays 0; May 21, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to certain promotional activities by the holders of
certain alcoholic beverage permits and licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 108.061, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 108.061. SWEEPSTAKES PROMOTIONS AUTHORIZED. (a)
Notwithstanding the prohibition against prizes given to a consumer
in Section 108.06 and subject to the rules of the commission, a
manufacturer, [or] nonresident manufacturer, or brewer may offer a
prize to a consumer of legal drinking age if the offer is a part of a
promotional sweepstakes activity.
(b) A purchase or entry fee may not be required of any person
to enter in a sweepstakes authorized under this section.
(c) A person affiliated with the alcoholic beverage
industry may not receive a prize from a sweepstakes authorized
under this section [promotion].
(d) A prize awarded under this section may include food,
beverages, entertainment, recreation, gifts, or attendance at a
private event at a permitted or licensed premises for the winners of
the sweepstakes and other guests of the sponsor of the event. The
name or location of the premises where a private event described by
this subsection is held may not be mentioned in any advertising
related to the sweepstakes.
(e) If a licensee or permittee conducts a private event
authorized by Subsection (d) at a retailer's premises, the licensee
or permittee shall pay the retailer the fair market value for the
use of the premises. The retailer must retain control of the sale
and service of alcoholic beverages at the private event.
(f) A sweepstakes authorized under this section may be
conducted at a permitted or licensed premises and the prize may be
awarded to the winners at the permitted or licensed premises at
which the sweepstakes is conducted.
SECTION 2. This Act takes effect September 1, 2017.
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