BILL ANALYSIS


                                                         S.B. 414
                                                     By: Montford
                                                    State Affairs
                                                          2-14-95
                                       Committee Report (Amended)
BACKGROUND

Within Dawson County is 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 coinciding
with the July 4th holiday.  Over the years, many attendees of the
jubilee have expressed an interest in touring the winery facility
and possibly 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 see the winery in operation. 

PURPOSE

As proposed, 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 grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

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

     Sec. 16.05.  LOCATION OF PREMISES.  (a)  Created from existing
     text.  Deletes a prohibition against a permittee selling wine
     in a dry area.
     
     (b)(3)  Authorizes the permittee to sell wine in this state,
       among others, to consumers for consumption off winery
       premises for seven consecutive days each year if:
        
     (A)  the winery is located in a dry area and a county with
         a population of 15,000 or less in which a majority of the
         area of the county is a dry area and in which one
         municipality is in a wet area;
         
         (B)  the grapes used in manufacturing the wine are grown
         and harvested in the dry area;
         
         (C)  the wine is manufactured, bottled, and sold on the
         winery premises;
         
         (D)  the holder of the permit, not later than the 14th day
         before the date of the start of the seven-day period,
         notifies the commission of the winery's intention to sell
         wine under the authority of this subsection.
     SECTION 2.     Emergency clause.
           Effective date: upon passage.