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A BILL TO BE ENTITLED
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AN ACT
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relating to the manufacture of wine by the holder of a winery |
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permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 16, Alcoholic Beverage Code, is amended |
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by adding Section 16.045 to read as follows: |
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Sec. 16.045. MANUFACTURING REQUIRED. (a) The holder of a |
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winery permit must be a bona fide winery actively engaged in the |
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manufacture of wine. |
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(b) The commission shall adopt rules necessary to implement |
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this section. Rules adopted under this section must provide: |
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(1) a reasonable amount of time after the issuance of a |
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winery permit for the permit holder to begin manufacturing wine; |
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and |
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(2) reasonable variances for crop failure or other |
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impediments to manufacture that are beyond the permit holder's |
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control. |
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(c) This section does not apply to the holder of a winery |
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permit: |
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(1) whose permit was issued: |
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(A) before March 7, 2023; or |
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(B) based on an application filed before March 7, |
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2023; and |
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(2) who: |
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(A) on March 7, 2023, was not actively engaged in |
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the manufacture of wine; and |
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(B) on or before December 31, 2023, files an |
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affidavit with the commission attesting to the fact that the permit |
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holder: |
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(i) was not actively engaged in the |
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manufacture of wine on March 7, 2023; and |
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(ii) does not intend to actively engage in |
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the manufacture of wine in the future. |
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SECTION 2. (a) Section 16.045(a), Alcoholic Beverage Code, |
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as added by this Act, takes effect on the effective date of the |
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rules adopted by the Texas Alcoholic Beverage Commission under |
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Section 16.045(b), Alcoholic Beverage Code, as added by this Act. |
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(b) Rules adopted under Section 16.045(b), Alcoholic |
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Beverage Code, as added by this Act, must provide a reasonable |
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amount of time after the effective date of the rules for a holder of |
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a winery permit issued before the effective date of the rules to |
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begin manufacturing wine and otherwise come into compliance with |
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the rules. |
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SECTION 3. This Act takes effect September 1, 2023. |