1-1 By: Montford S.B. No. 414
1-2 (In the Senate - Filed February 1, 1995; February 2, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 14, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 10, Nays 0; February 14, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Wentworth
1-7 Amend S.B. No. 414 as follows:
1-8 In SECTION 1, delete proposed Sec. 16.05(b)(3)(C) (introduced
1-9 version, page 2, line 3; committee printing, page 1, line 40) and
1-10 insert the following:
1-11 "(C) the wine is manufactured, bottled, and sold
1-12 on the winery premises; and"
1-13 A BILL TO BE ENTITLED
1-14 AN ACT
1-15 relating to the restricted sale of wine for off-premises
1-16 consumption by the holder of a winery permit located in certain dry
1-17 areas.
1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19 SECTION 1. Section 16.05, Alcoholic Beverage Code, is
1-20 amended to read as follows:
1-21 Sec. 16.05. Location of Premises. (a) A winery permit may
1-22 be issued for licensed premises in a dry area<, but the permittee
1-23 may not sell wine in a dry area>.
1-24 (b) If the premises are in a dry area, the permittee may
1-25 sell wine in this state to:
1-26 (1) permit holders authorized to sell wine to the
1-27 ultimate consumer in unbroken packages for off-premises consumption
1-28 in an amount not to exceed 25,000 gallons annually;
1-29 (2) <and to> holders of wholesaler's permits, winery
1-30 permits, and wine bottler's permits; and
1-31 (3) ultimate consumers for consumption off winery
1-32 premises for seven consecutive days each year if:
1-33 (A) the winery is located in:
1-34 (i) a dry area; and
1-35 (ii) a county with a population of 15,000
1-36 or less in which a majority of the area of the county is a dry area
1-37 and in which one municipality is in a wet area;
1-38 (B) the grapes used in manufacturing the wine
1-39 are grown and harvested in the dry area;
1-40 (C) the wine is manufactured and bottled on the
1-41 winery premises; and
1-42 (D) the holder of the permit, not later than the
1-43 14th day before the date of the start of the seven-day period,
1-44 notifies the commission of the winery's intention to sell wine
1-45 under the authority of this subsection.
1-46 SECTION 2. The importance of this legislation and the
1-47 crowded condition of the calendars in both houses create an
1-48 emergency and an imperative public necessity that the
1-49 constitutional rule requiring bills to be read on three several
1-50 days in each house be suspended, and this rule is hereby suspended,
1-51 and that this Act take effect and be in force from and after its
1-52 passage, and it is so enacted.
1-53 * * * * *