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.
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