H.B. No. 1974
 
 
 
 
AN ACT
  relating to distilled spirits samplings by the holder of a
  distiller's and rectifier's permit.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 14.01, Alcoholic Beverage Code, is
  amended by amending Subsection (a) and adding Subsection (c) 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
  [his] finished products;
               (5)  sell the finished products in this state to
  holders of wholesaler's permits and to qualified persons outside
  the state; [and]
               (6)  import distilled spirits, to be used only for
  manufacturing or rectification purposes, from holders of
  nonresident seller's permits; and
               (7)  dispense free distilled spirits for consumption on
  the permitted premises.
         (c)  The holder of a distiller's and rectifier's permit may
  dispense distilled spirits for consumption on the permitted
  premises under Section 14.04.
         SECTION 2.  Chapter 14, Alcoholic Beverage Code, is amended
  by adding Section 14.04 to read as follows:
         Sec. 14.04.  DISTILLED SPIRITS SAMPLING. (a)  The holder of
  a distiller's and rectifier's permit may conduct distilled spirits
  samplings on the permitted premises.
         (b)  A sampling event authorized by this section may not be
  advertised except by on-site communication or by direct mail.
         (c)  A person other than the holder of a permit or the
  holder's agent or employee may not dispense or participate in the
  dispensing of distilled spirits under this section.
         (d)  A person authorized to dispense distilled spirits under
  this section may not:
               (1)  serve a person more than one sample of each brand
  of distilled spirits being served at a sampling event; or
               (2)  serve a sample to a minor or to an obviously
  intoxicated person.
         (e)  Sample portions served at a distilled spirits sampling
  event may not exceed one-half ounce.
         (f)  A person who receives a sample may not remove the sample
  from the permitted premises.
         (g)  For the purposes of this code and any other law of this
  state or a political subdivision of this state, the holder of a
  permit, during the sampling of distilled spirits under this
  section, is:
               (1)  not the holder of a permit authorizing the sale of
  alcoholic beverages for on-premises consumption; and
               (2)  not considered to have received any revenue from
  the on-premises sale of alcoholic beverages.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1974 was passed by the House on April
  9, 2009, by the following vote:  Yeas 148, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1974 was passed by the Senate on May
  5, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor