BILL ANALYSIS



C.S.S.B. 414
By: Montford (Walker)
3-1-95
Committee Report (Substituted)


BACKGROUND

Within Dawson County there is located a vineyard/winery where
grapes are grown and harvested and wine is manufactured and bottled
on the premises.  Every five years, a "Golden Jubilee" is held in
Lamesa, that coincides with the 4th of July holiday.  Over the
years, many attendees of the jubilee have expressed an interest in
touring the winery facility, and have discussed the possibility of
holding jubilee events at the winery. The members of the local
chamber of commerce and other local officials would like to have a
"Harvest Festival" during the years between the "Golden Tornado
Jubilee" event.  The festival would be a week long event coinciding
with harvest time at the winery, where festival participants and
other tourists could watch grapes being harvested, and given the
opportunity to see the winery in operation.


PURPOSE

S.B. 414 authorizes the sale of wine for off-premises consumption
by the holder of a winery permit located in certain dry areas and
under certain conditions.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 16.05, Alcoholic Beverage Code, as
follows:

Sec. 16.05.  LOCATION OF PREMISES.  (a) a winery permit may be
issued in a dry area, but, except as provided by Subsection (b),
the permittee may not sell wine in a dry area.  

(b)(3)  Authorizes the permittee to sell wine to ultimate consumers 
for consumption off premises for seven consecutive days each year
if the winery meets certain conditions:  (i) is located in a dry
area; (ii) a county with a population of 15,000 or less in which a
majority of the area is dry;

(B)  the grapes used in manufacturing the wine are grown and
harvested in the area;

(C)  the wine is manufactured, bottled and sold on the winery
premises,

(D)  and the holder of the winery permit notifies the commission 14
days before the start of the period in which the winery intends to
sell wine. 

SECTION 2.  Emergency clause.  Act effective upon passage.










COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 414 simply added in SECTION 1 of the bill, related to
LOCATION OF PREMISES, (a) except as provided by Subsection (b) ,
the permittee may not sell wine in a dry area.   The original did
not contain this language.


SUMMARY OF COMMITTEE ACTION

S.B. 414 was heard in a Public Hearing on March 1, 1995. 
Representative D. Jones offered a complete committee substitute,
and moved that the full committee adopt C.S.S.B. 414.  There was no
objection.  The Chair recognized Mr. Donald R. Bethel, Lamesa, TX,
to testify in favor of the bill.  No one registered or testified
against the bill.  Representative Yarbrough moved that the full
committee adopt S.B. 414 as substituted and that it be reported
favorably to the full House with the recommendation that it do pass
and be printed.  The motion prevailed by the following vote:  AYES:
(9); NAYS:  (0); ABSENT:  (0)