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A BILL TO BE ENTITLED
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AN ACT
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relating to the sampling or tasting of distilled spirits by the |
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manufacturer to a consumer at a temporary event. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 14.01(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) The holder of a distiller's and rectifier's permit may: |
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(1) manufacture distilled spirits; |
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(2) rectify, purify, and refine distilled spirits and |
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wines; |
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(3) mix wines, distilled spirits, or other liquors; |
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(4) bottle, label, and package the permit holder's |
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finished products; |
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(5) sell the finished products in this state to |
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holders of wholesaler's permits and to qualified persons outside |
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the state; |
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(6) purchase distilled spirits, to be used only for |
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manufacturing or rectification purposes, from holders of |
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nonresident seller's permits or distiller's and rectifier's |
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permits; |
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(7) dispense free distilled spirits for consumption on |
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the permitted premises under Section 14.04 or at a temporary event |
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under Section 14.09. |
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(8) sell bulk alcohol produced by the permit holder |
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for purposes described by Section 38.01; and |
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(9) sell distilled spirits to ultimate consumers under |
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Section 14.04 or 14.05. |
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SECTION 2. Chapter 14, Alcoholic Beverage Code, is amended by |
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adding Section 14.09 to read as follows: |
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Sec. 14.09. DISTILLED SPIRITS SAMPLING AT TEMPORARY EVENT: a) The |
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holder of a distiller's and rectifier's permit may conduct |
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distilled spirits samplings or tastings at a civic or distilled |
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spirits festival, farmers' market, celebration, or similar event. |
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(b) The distilled spirits provided as a sample or at a |
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tasting under Subsection (a) must be manufactured by the holder of |
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the distiller's and rectifier's permit. |
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(c) Sample portions served at a distilled spirits sampling |
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or tasting under Subsection (a) may not exceed one-half ounce. |
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(d) A person who receives a sample may not remove the sample |
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from the event premises. |
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(e) Distilled spirits may legally be transported by the |
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holder of the distiller's and rectifier's permit or the permit |
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holder's agent or employee to the temporary event for the purpose of |
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providing a sample or a tasting under this section. |
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(f) The cost of the distilled spirits provided for a |
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sampling or tasting under this section is the responsibility of the |
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holder of the distiller's and rectifier's permit providing the |
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sampling or tasting. |
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(g) The commission shall adopt rules to implement this |
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section, including rules that: |
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(1) establish a procedure to verify the wet or dry status of |
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the location where the permit holder intends to temporarily sample |
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or taste distilled spirits under this section; |
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(2) detail the circumstances when a permit holder may |
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temporarily sample distilled spirits under this section with just a |
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notification to the commission and the circumstances that require |
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the commission's preapproval before a permit holder may temporarily |
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sample distilled spirits under this section; and |
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(3) require the permit holder to provide any other |
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information the commission determines necessary. |
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SECTION 3. This Act takes effect September 1, 2023. |