88R15599 TYPED
By: King of Hemphill, Cook, Bernal H.B. No. 3171
A BILL TO BE ENTITLED
AN ACT
relating to the sampling or tasting of distilled spirits by the
manufacturer to a consumer at a temporary event.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 14.01(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The holder of a distiller's and rectifier's permit may:
(1) manufacture distilled spirits;
(2) rectify, purify, and refine distilled spirits and
wines;
(3) mix wines, distilled spirits, or other liquors;
(4) bottle, label, and package the permit holder's
finished products;
(5) sell the finished products in this state to
holders of wholesaler's permits and to qualified persons outside
the state;
(6) purchase distilled spirits, to be used only for
manufacturing or rectification purposes, from holders of
nonresident seller's permits or distiller's and rectifier's
permits;
(7) dispense free distilled spirits for consumption on
the permitted premises under Section 14.04 or at a temporary event
under Section 14.09.
(8) sell bulk alcohol produced by the permit holder
for purposes described by Section 38.01; and
(9) sell distilled spirits to ultimate consumers under
Section 14.04 or 14.05.
SECTION 2. Chapter 14, Alcoholic Beverage Code, is amended by
adding Section 14.09 to read as follows:
Sec. 14.09. DISTILLED SPIRITS SAMPLING AT TEMPORARY EVENT: a) The
holder of a distiller's and rectifier's permit may conduct
distilled spirits samplings or tastings at a civic or distilled
spirits festival, farmers' market, celebration, or similar event.
(b) The distilled spirits provided as a sample or at a
tasting under Subsection (a) must be manufactured by the holder of
the distiller's and rectifier's permit.
(c) Sample portions served at a distilled spirits sampling
or tasting under Subsection (a) may not exceed one-half ounce.
(d) A person who receives a sample may not remove the sample
from the event premises.
(e) Distilled spirits may legally be transported by the
holder of the distiller's and rectifier's permit or the permit
holder's agent or employee to the temporary event for the purpose of
providing a sample or a tasting under this section.
(f) The cost of the distilled spirits provided for a
sampling or tasting under this section is the responsibility of the
holder of the distiller's and rectifier's permit providing the
sampling or tasting.
(g) The commission shall adopt rules to implement this
section, including rules that:
(1) establish a procedure to verify the wet or dry status of
the location where the permit holder intends to temporarily sample
or taste distilled spirits under this section;
(2) detail the circumstances when a permit holder may
temporarily sample distilled spirits under this section with just a
notification to the commission and the circumstances that require
the commission's preapproval before a permit holder may temporarily
sample distilled spirits under this section; and
(3) require the permit holder to provide any other
information the commission determines necessary.
SECTION 3. This Act takes effect September 1, 2023.