By: Hayes H.B. No. 5397
A BILL TO BE ENTITLED
AN ACT
relating to authorizing out-of-state winery direct shipper's
permit holders to conduct sampling or tasting events at certain
locations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 54.01. AUTHORIZED ACTIVITIES. (a) The holder of an
out-of-state winery direct shipper's permit may:
(1) sell and deliver wine that is produced or bottled
by the permittee to an ultimate consumer located in the State of
Texas;
(2) dispense free wine for consumption at an event
under Section 54.13; and
(3) collect an event or entrance fee.
(b) A delivery of wine into this state by the holder of an
out-of-state winery direct shipper's permit [Delivery] must be made
by the holder of a carrier permit.
SECTION 2. Chapter 54, Alcoholic Beverage Code, is amended
by adding Section 54.13 to read as follows:
Sec. 54.13. SAMPLING AT TEMPORARY LOCATION. (a) The holder
of an out-of-state winery direct shipper's permit may conduct wine
samplings or tastings at a civic or wine festival, farmers' market,
celebration, or similar event.
(b) The wine provided as a sample or at a tasting under
Subsection (a) must be produced or bottled by the holder of the
out-of-state winery direct shipper's permit.
(c) Sample portions provided at a sampling or tasting event
under Subsection (a) may not exceed one ounce.
(d) A person who receives a sample may not remove the sample
from the premises of the event under Subsection (a).
(e) Wine may legally be transported by the holder of the
out-of-state winery direct shipper's permit or the permit holder's
agent or employee to the premises of the event for the purpose of
providing a sample or a tasting under this section.
(f) The cost of the wine provided for a sampling or tasting
under this section is the responsibility of the holder of the
out-of-state winery direct shipper's permit providing the sampling
or tasting.
(g) The commission may adopt rules to implement this
section.
SECTION 3. This Act takes effect September 1, 2025.