Monitoring the Session

HB 5397

bill lets out-of-state wineries pour samples at Texas events

Died in committee

Verdict: No flags

No flagsInitial review
Rep. Richard HayesRHouse 57

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

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

Caption from analyzed text · version I.

Summary

Festivals and farmers’ markets. Free samples, but an entrance fee is fine.

The bill lets out-of-state wineries that hold a Texas direct shipper's permit pour free samples of their own wine at festivals, farmers' markets, celebrations and similar events in Texas, and collect an event or entrance fee. It touches those out-of-state wineries and the people who attend Texas events, and it sets limits: samples must be the winery's own wine, no more than one ounce each, and they cannot leave the event. On the ground, these wineries can now haul their own wine to Texas events for tastings, pay for the wine themselves, and operate under rules the commission may adopt, starting September 1, 2025.

Labels

Labels: PENDING FOREVER. Heard by the House Licensing & Administrative Procedures committee on Apr 22, 2025 and left pending. Never voted out. The bill died.

Receipt

The receipt

89R-HB5397 · 2025-03-14

SOLD BY

Rep. Richard HayesRHouse 57

ITEM

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

WHAT IT DOES

Festivals and farmers’ markets. Free samples, but an entrance fee is fine.

The bill lets out-of-state wineries that hold a Texas direct shipper's permit pour free samples of their own wine at festivals, farmers' markets, celebrations and similar events in Texas, and collect an event or entrance fee. It touches those out-of-state wineries and the people who attend Texas events, and it sets limits: samples must be the winery's own wine, no more than one ounce each, and they cannot leave the event. On the ground, these wineries can now haul their own wine to Texas events for tastings, pay for the wine themselves, and operate under rules the commission may adopt, starting September 1, 2025.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · April 21, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Licensing & Administrative Procedures
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Committee substitute considered in committee
  7. Testimony taken/registration(s) recorded in committee
  8. Left pending in committee
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Richard Hayes

Donors

Texans for Lawsuit Reform PAC$205KTexas Conservative Majority PAC$40KMichael Tenny$20,000

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 28, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$204,650.12

Texans for Lawsuit Reform PAC

$204,650.12

Cash
$85,000.00
Paid by others
$119,650.12
Total
$204,650.12
mail $104,250.12polling $15,400.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 27, 2025 to Oct 20, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101010307, 101032268, 101069605, 101071583.

Texas Conservative Majority PAC$40,400.00

Texas Conservative Majority PAC

$40,400.00

Cash
$25,000.00
Paid by others
$15,400.00
Total
$40,400.00
polling $15,400.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Sep 22, 2026 to Oct 13, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101069605, 101071583.

Michael Tenny$20,000.00
Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Lawsuit Reform PAC

$204,650.12

Cash
$85,000.00
Paid by others
$119,650.12
Total
$204,650.12
mail $104,250.12polling $15,400.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 27, 2025 to Oct 20, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101010307, 101032268, 101069605, 101071583.

×

Texas Conservative Majority PAC

$40,400.00

Cash
$25,000.00
Paid by others
$15,400.00
Total
$40,400.00
polling $15,400.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Sep 22, 2026 to Oct 13, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101069605, 101071583.

Votes

No floor vote loaded for this bill.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · April 21, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas House · Filed Mar 14, 2025

04/22/2025 H Left pending in committee

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Licensing & Administrative Procedures · Final status: Died in committee

Subjects

Alcoholic Beverage Regulation

PERMITS

WINE & WINERIES

ALCOHOLIC BEVERAGE COMMISSION, TEXAS

Text

The text as introduced · 359 words

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.