Texas House Bill HB3712

Texas 2023 - 88th Regular

• Filed: 3/6/23
• Out of House Committee: 4/27/23
• Voted on by House: 5/3/23
• Out of Senate Committee: 5/19/23
• Voted on by Senate: 5/21/23
• Governor Action: 6/10/23

Caption

Relating to authorizing a holder of a distributor's license to provide samples of malt beverages to retailers.

Impact

If passed, this bill will amend existing provisions of the Alcoholic Beverage Code pertaining to the distribution of samples. It aims to enhance the relationship between distributors and retailers by providing retailers with the opportunity to evaluate potential new products. This could lead to an expanded range of products available to consumers, benefiting both consumers and the market's competitive landscape. Additionally, the bill's implementation would clarify the limits regarding how samples can be provided, fostering better compliance with state laws.

Summary

House Bill 3712, introduced by Representative Hernandez, seeks to authorize distributors to provide sampled malt beverages to retailers, reinstating a practice that was curtailed by the 2019 Texas Alcoholic Beverage Commission Sunset Bill. The bill stipulates that distributors can offer up to 72 ounces of malt beverages to retail permit holders for the purpose of sampling new products. The intention behind this legislation is to create a more competitive environment within the alcohol distribution market, allowing retailers to test products before making bulk purchases.

Sentiment

The general sentiment surrounding HB 3712 appears to be positive, without significant opposition noted during committee discussions. Supporters argue that reinstating the ability for distributors to provide samples addresses a critical need within the beverage industry, particularly in fostering competition among retailers. The acknowledgment from industry representatives, such as Keith Strama from the Wholesale Beer Distributors of Texas, reflects a consensus on the necessity of the bill for the practicality of product introduction and market adaptability.

Contention

While no notable opposition has been highlighted in the discussions, there is an underlying tension regarding previous regulatory changes that restricted sampling practices. The bill's purpose to reverse the effects of the 2019 Sunset Bill poses a question on balancing regulation and industry needs. This underscores a broader conversation about legal frameworks surrounding alcohol distribution and how regulators can support industry growth while ensuring responsible practices.

Texas Constitutional Statutes Affected

Alcoholic Beverage Code

• Chapter 1. General Provisions
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