Texas 2023 - 88th Regular

Texas House Bill HB3171 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R15599 TYPED
2	2	By: King of Hemphill, Cook, Bernal H.B. No. 3171
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the sampling or tasting of distilled spirits by the
8	8	manufacturer to a consumer at a temporary event.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 14.01(a), Alcoholic Beverage Code, is
11	11	amended to read as follows:
12	12	(a) The holder of a distiller's and rectifier's permit may:
13	13	(1) manufacture distilled spirits;
14	14	(2) rectify, purify, and refine distilled spirits and
15	15	wines;
16	16	(3) mix wines, distilled spirits, or other liquors;
17	17	(4) bottle, label, and package the permit holder's
18	18	finished products;
19	19	(5) sell the finished products in this state to
20	20	holders of wholesaler's permits and to qualified persons outside
21	21	the state;
22	22	(6) purchase distilled spirits, to be used only for
23	23	manufacturing or rectification purposes, from holders of
24	24	nonresident seller's permits or distiller's and rectifier's
25	25	permits;
26	26	(7) dispense free distilled spirits for consumption on
27	27	the permitted premises under Section 14.04 or at a temporary event
28	28	under Section 14.09.
29	29	(8) sell bulk alcohol produced by the permit holder
30	30	for purposes described by Section 38.01; and
31	31	(9) sell distilled spirits to ultimate consumers under
32	32	Section 14.04 or 14.05.
33	33	SECTION 2. Chapter 14, Alcoholic Beverage Code, is amended by
34	34	adding Section 14.09 to read as follows:
35	35	Sec. 14.09. DISTILLED SPIRITS SAMPLING AT TEMPORARY EVENT: a) The
36	36	holder of a distiller's and rectifier's permit may conduct
37	37	distilled spirits samplings or tastings at a civic or distilled
38	38	spirits festival, farmers' market, celebration, or similar event.
39	39	(b) The distilled spirits provided as a sample or at a
40	40	tasting under Subsection (a) must be manufactured by the holder of
41	41	the distiller's and rectifier's permit.
42	42	(c) Sample portions served at a distilled spirits sampling
43	43	or tasting under Subsection (a) may not exceed one-half ounce.
44	44	(d) A person who receives a sample may not remove the sample
45	45	from the event premises.
46	46	(e) Distilled spirits may legally be transported by the
47	47	holder of the distiller's and rectifier's permit or the permit
48	48	holder's agent or employee to the temporary event for the purpose of
49	49	providing a sample or a tasting under this section.
50	50	(f) The cost of the distilled spirits provided for a
51	51	sampling or tasting under this section is the responsibility of the
52	52	holder of the distiller's and rectifier's permit providing the
53	53	sampling or tasting.
54	54	(g) The commission shall adopt rules to implement this
55	55	section, including rules that:
56	56	(1) establish a procedure to verify the wet or dry status of
57	57	the location where the permit holder intends to temporarily sample
58	58	or taste distilled spirits under this section;
59	59	(2) detail the circumstances when a permit holder may
60	60	temporarily sample distilled spirits under this section with just a
61	61	notification to the commission and the circumstances that require
62	62	the commission's preapproval before a permit holder may temporarily
63	63	sample distilled spirits under this section; and
64	64	(3) require the permit holder to provide any other
65	65	information the commission determines necessary.
66	66	SECTION 3. This Act takes effect September 1, 2023.