Texas 2025 - 89th Regular

Texas House Bill HB5397 Compare Versions

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11 By: Hayes H.B. No. 5397
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46 A BILL TO BE ENTITLED
57 AN ACT
68 relating to authorizing out-of-state winery direct shipper's
79 permit holders to conduct sampling or tasting events at certain
810 locations.
911 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1012 SECTION 1. Section 54.01, Alcoholic Beverage Code, is
1113 amended to read as follows:
1214 Sec. 54.01. AUTHORIZED ACTIVITIES. (a) The holder of an
1315 out-of-state winery direct shipper's permit may:
1416 (1) sell and deliver wine that is produced or bottled
1517 by the permittee to an ultimate consumer located in the State of
1618 Texas;
1719 (2) dispense free wine for consumption at an event
1820 under Section 54.13; and
1921 (3) collect an event or entrance fee.
2022 (b) A delivery of wine into this state by the holder of an
2123 out-of-state winery direct shipper's permit [Delivery] must be made
2224 by the holder of a carrier permit.
2325 SECTION 2. Chapter 54, Alcoholic Beverage Code, is amended
2426 by adding Section 54.13 to read as follows:
2527 Sec. 54.13. SAMPLING AT TEMPORARY LOCATION. (a) The holder
2628 of an out-of-state winery direct shipper's permit may conduct wine
2729 samplings or tastings at a civic or wine festival, farmers' market,
2830 celebration, or similar event.
2931 (b) The wine provided as a sample or at a tasting under
3032 Subsection (a) must be produced or bottled by the holder of the
3133 out-of-state winery direct shipper's permit.
3234 (c) Sample portions provided at a sampling or tasting event
3335 under Subsection (a) may not exceed one ounce.
3436 (d) A person who receives a sample may not remove the sample
3537 from the premises of the event under Subsection (a).
3638 (e) Wine may legally be transported by the holder of the
3739 out-of-state winery direct shipper's permit or the permit holder's
3840 agent or employee to the premises of the event for the purpose of
3941 providing a sample or a tasting under this section.
4042 (f) The cost of the wine provided for a sampling or tasting
4143 under this section is the responsibility of the holder of the
4244 out-of-state winery direct shipper's permit providing the sampling
4345 or tasting.
4446 (g) The commission may adopt rules to implement this
4547 section.
4648 SECTION 3. This Act takes effect September 1, 2025.