By Walker H.B. No. 1100
74R4845 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the restricted sale of wine for off-premises
1-3 consumption by the holder of a winery permit located in certain dry
1-4 areas.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 16.05, Alcoholic Beverage Code, is
1-7 amended to read as follows:
1-8 Sec. 16.05. Location of Premises. (a) A winery permit may
1-9 be issued for licensed premises in a dry area<, but the permittee
1-10 may not sell wine in a dry area>.
1-11 (b) If the premises are in a dry area, the permittee may
1-12 sell wine in this state to:
1-13 (1) permit holders authorized to sell wine to the
1-14 ultimate consumer in unbroken packages for off-premises consumption
1-15 in an amount not to exceed 25,000 gallons annually;
1-16 (2) <and to> holders of wholesaler's permits, winery
1-17 permits, and wine bottler's permits; and
1-18 (3) ultimate consumers for consumption off winery
1-19 premises for seven consecutive days each year if:
1-20 (A) the winery is located in:
1-21 (i) a dry area; and
1-22 (ii) a county with a population of 15,000
1-23 or less in which a majority of the area of the county is a dry area
1-24 and in which one municipality is in a wet area;
2-1 (B) the grapes used in manufacturing the wine
2-2 are grown and harvested in the dry area;
2-3 (C) the wine is manufactured and bottled on the
2-4 winery premises; and
2-5 (D) the holder of the permit, not later than the
2-6 14th day before the date of the start of the seven-day period,
2-7 notifies the commission of the winery's intention to sell wine
2-8 under the authority of this subsection.
2-9 SECTION 2. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended,
2-14 and that this Act take effect and be in force from and after its
2-15 passage, and it is so enacted.