HB5397 - Relating to authorizing out-of-state winery direct shipper's permit holders to conduct sampling or tasting events at certain locations.

      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.