Texas 2019 - 86th Regular

Texas House Bill HB1997 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1997
	1	+	By: Geren (Senate Sponsor - Hancock) H.B. No. 1997
	2	+	(In the Senate - Received from the House April 23, 2019;
	3	+	April 24, 2019, read first time and referred to Committee on
	4	+	Business & Commerce; May 6, 2019, reported adversely, with
	5	+	favorable Committee Substitute by the following vote: Yeas 8,
	6	+	Nays 0; May 6, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1997 By: Hancock
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the sampling of distilled spirits provided by the
6	14		manufacturer to a retailer of distilled spirits.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Chapter 14, Alcoholic Beverage Code, is amended
9	17		by adding Section 14.07 to read as follows:
10	18		Sec. 14.07. RETAILER SAMPLING. (a) Subject to this section
11	19		and notwithstanding any other provision of this code, the holder of
12	20		a distiller's and rectifier's permit or the agent or employee of the
13	21		holder of a distiller's and rectifier's permit may:
14	22		(1) provide a sample of distilled spirits to the
15	23		holder of a retail permit authorizing the sale of distilled spirits
16	24		or an agent or employee of the holder of the retail permit; or
17	25		(2) provide a distilled spirits product tasting on the
18	26		retailer's premises, including the opening, touching, or pouring of
19	27		distilled spirits, for the holder of the retail permit or an agent
20	28		or employee of the holder of the retail permit.
21	29		(b) The holder of the distiller's and rectifier's permit or
22	30		the agent or employee of the holder of the distiller's and
23	31		rectifier's permit may make a presentation or answer questions at a
24	32		distilled spirits tasting provided under Subsection (a).
25	33		(c) The holder of a retail permit authorizing the sale of
26	34		distilled spirits or an agent or employee of the permit holder may
27	35		not sample or taste a distilled spirit provided under this section
28	36		on the permitted retail premises unless:
29	37		(1) the holder of the distiller's and rectifier's
30	38		permit is present; or
31	39		(2) an agent or employee of the holder of the
32	40		distiller's and rectifier's permit is present.
33	41		(d) The distilled spirits provided as a sample or at a
34	42		tasting under Subsection (a):
35	43		(1) must be manufactured by the holder of the
36	44		distiller's and rectifier's permit;
37	45		(2) may not be of a brand previously purchased by the
38	46		holder of the retailer's permit unless the spirits were purchased
39	47		and used for educational or training purposes;
40	48		(3) must be limited to 750 milliliters of each brand
41	49		provided as a sample or at a tasting; and
42	50		(4) must meet all labeling requirements of this code.
43	51		(e) Distilled spirits may legally be transported by the
44	52		holder of the distiller's and rectifier's permit or the permit
45	53		holder's agent or employee to a retail premises for the purpose of
46	54		providing a sample or a tasting under this section.
47	55		(f) The cost of the distilled spirits provided for a
48	56		sampling or tasting under this section is the responsibility of the
49	57		holder of the distiller's and rectifier's permit providing the
50	58		sampling or tasting.
51	59		(g) The holder of a distiller's and rectifier's permit or
52	60		the agent or employee of the holder of a distiller's and rectifier's
53	61		permit may not negotiate price or establish agreements while
54	62		providing samples or tastings under this section.
55	63		SECTION 2. Section 15.01, Alcoholic Beverage Code, is
56	64		amended to read as follows:
57	65		Sec. 15.01. AUTHORIZED ACTIVITIES. The holder of a
58	66		distiller's agent's permit may:
59	67		(1) represent the holder of a distiller's and
60	68		rectifier's permit;
61	69		(2) solicit and take orders from a holder of a
62	70		wholesaler's permit for the sale of distilled spirits manufactured
63	71		by the permit holder represented by the agent; [and]
64	72		(3) conduct free distilled spirits tastings for
65	73		consumers on the premises of the holder of a package store permit;
66	74		and
67	75		(4) provide samples or tastings of distilled spirits
68	76		on a retailer's premises in accordance with Section 14.07.
69	77		SECTION 3. Sections 22.10 and 22.11, Alcoholic Beverage
70	78		Code, are amended to read as follows:
71	79		Sec. 22.10. OPENING CONTAINERS PROHIBITED. Except as
72	80		authorized under Section 14.07, 37.01(d), or 52.01 [of this code],
73	81		no person may break or open a container containing liquor or beer or
74	82		possess an opened container of liquor or beer on the premises of a
75	83		package store.
76	84		Sec. 22.11. CONSUMPTION ON PREMISES PROHIBITED. Except as
77	85		authorized under Section 14.07, 37.01(d), or 52.01, no person may
78	86		sell, barter, exchange, deliver, or give away any drink or drinks of
79	87		alcoholic beverages from a container that has been opened or broken
80	88		on the premises of a package store.
81	89		SECTION 4. Sections 28.06(a) and (c), Alcoholic Beverage
82	90		Code, are amended to read as follows:
83	91		(a) Except as provided by Sections 14.07 and 37.01(d), no
84	92		[No] holder of a mixed beverage permit, nor any officer, agent, or
85	93		employee of a holder, may possess or permit to be possessed on the
86	94		premises for which the permit is issued any alcoholic beverage
87	95		which is not covered by an invoice from the supplier from whom the
88	96		alcoholic beverage was purchased.
89	97		(c) Except as provided by Sections 14.07 and 37.01(d), no
90	98		[No] holder of a mixed beverage permit, nor any officer, agent, or
91	99		employee of a holder, may knowingly possess or permit to be
92	100		possessed on the licensed premises any alcoholic beverage which is
93	101		not covered by an invoice from the supplier from whom the alcoholic
94	102		beverage was purchased.
95	103		SECTION 5. Section 28.15(a), Alcoholic Beverage Code, is
96	104		amended to read as follows:
97	105		(a) Except as provided by Sections 14.07 and 37.01(d), a [A]
98	106		mixed beverage permittee may not possess or permit a person to
99	107		possess on the premises distilled spirits in any container that
100	108		does not bear a serially numbered identification stamp issued by
101	109		the commission or other identification approved by the commission.
102	110		SECTION 6. Section 32.15, Alcoholic Beverage Code, is
103	111		amended to read as follows:
104	112		Sec. 32.15. REMOVAL OF BEVERAGES FROM PREMISES. A private
105	113		club, irrespective of location or system of storage of alcoholic
106	114		beverages, may not permit any person to remove any alcoholic
107	115		beverages from the club premises, except as authorized by
108	116		[Subsection (b) of] Section 28.10(b) or for the purpose of removing
109	117		unused inventory the person brought onto the premises under Section
110	118		14.07 or 37.01(d) [28.10 of this code].
111	119		SECTION 7. Section 32.20(a), Alcoholic Beverage Code, is
112	120		amended to read as follows:
113	121		(a) Except as provided by Sections 14.07 and 37.01(d), a [A]
114	122		private club registration permittee may not possess or permit a
115	123		person to possess on the premises distilled spirits in any
116	124		container that does not bear a serially numbered identification
117	125		stamp issued by the commission or other identification approved by
118	126		the commission.
119	127		SECTION 8. Section 36.01, Alcoholic Beverage Code, is
120	128		amended to read as follows:
121	129		Sec. 36.01. AUTHORIZED ACTIVITIES. The holder of a
122	130		manufacturer's agent's permit may:
123	131		(1) represent only the holders of nonresident seller's
124	132		permits; [and]
125	133		(2) solicit and take orders for the sale of liquor from
126	134		permittees authorized to import liquor for the purpose of resale;
127	135		and
128	136		(3) if the agent represents the holder of a
129	137		nonresident seller's permit, provide samples or tastings of
130	138		distilled spirits on a retailer's premises as authorized by Section
131	139		37.01(d).
132	140		SECTION 9. Section 37.01, Alcoholic Beverage Code, is
133	141		amended by amending Subsection (c) and adding Subsection (d) to
134	142		read as follows:
135	143		(c) Any alcoholic beverages used in a sampling event under
136	144		Subsection (b) [this section] must be purchased from the retailer
137	145		on whose premises the sampling event is held. Subsection
138	146		(b) [This section] does not authorize the holder of a nonresident
139	147		seller's permit or manufacturer's agent's permit to withdraw or
140	148		purchase alcoholic beverages from the holder of a wholesaler's
141	149		permit or provide alcoholic beverages for a sampling event on a
142	150		retailer's premises that is not purchased from the retailer. The
143	151		amount of alcoholic beverages purchased from the retailer may not
144	152		exceed the amount of alcoholic beverages used in the sampling
145	153		event.
146	154		(d) The holder of a nonresident seller's permit or an agent
147	155		or employee of the permit holder may provide samples or tastings of
148	156		the kinds of distilled spirits the permit holder is authorized to
149	157		produce in the manner authorized by Section 14.07 for the holder of
150	158		a distiller's and rectifier's permit or the agent or employee of the
151	159		holder of a distiller's and rectifier's permit. Distilled spirits
152	160		may legally be transported by the holder of a nonresident seller's
153	161		permit or the permit holder's agent or employee to a retailer's
154	162		premises for the purpose of providing a sample or a tasting under
155	163		this subsection. The cost of the distilled spirits provided for a
156	164		sampling or tasting under this subsection is the responsibility of
157	165		the holder of the nonresident seller's permit providing the
158	166		sampling or tasting.
159	167		SECTION 10. This Act takes effect September 1, 2019.
160		-	______________________________ ______________________________
161		-	President of the Senate Speaker of the House
162		-	I certify that H.B. No. 1997 was passed by the House on April
163		-	18, 2019, by the following vote: Yeas 133, Nays 2, 1 present, not
164		-	voting; and that the House concurred in Senate amendments to H.B.
165		-	No. 1997 on May 22, 2019, by the following vote: Yeas 144, Nays 0,
166		-	1 present, not voting.
167		-	______________________________
168		-	Chief Clerk of the House
169		-	I certify that H.B. No. 1997 was passed by the Senate, with
170		-	amendments, on May 15, 2019, by the following vote: Yeas 30, Nays
171		-	1.
172		-	______________________________
173		-	Secretary of the Senate
174		-	APPROVED: __________________
175		-	Date
176		-	__________________
177		-	Governor
	168	+	* * * * *