By Cain                                               S.B. No. 1662
       74R10627 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 in certain dry areas.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 16.05, Alcoholic Beverage Code, is
    1-6  amended to read as follows:
    1-7        Sec. 16.05.  Location of Premises.  (a)  A winery permit may
    1-8  be issued for licensed premises in a dry area, but, except as
    1-9  provided by Subsection (b), the permittee may not sell wine in a
   1-10  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 if:
   1-20                    (A)  the winery is located in:
   1-21                          (i)  a dry area; and
   1-22                          (ii)  a county that has a population of at
   1-23  least 20,000 but not more than 25,000 and that borders the Red
   1-24  River in which a majority of the area of the county is a dry 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, bottled, and sold
    2-4  on the winery premises;
    2-5                    (D)  the wine is sold during a regularly
    2-6  scheduled winery tour; and
    2-7                    (E)  the holder of the permit, not later than the
    2-8  14th day before the date the winery begins to sell wine, notifies
    2-9  the commission of the winery's intention to sell wine under the
   2-10  authority of this subsection.
   2-11        SECTION 2.  The importance of this legislation and the
   2-12  crowded condition of the calendars in both houses create an
   2-13  emergency and an imperative public necessity that the
   2-14  constitutional rule requiring bills to be read on three several
   2-15  days in each house be suspended, and this rule is hereby suspended,
   2-16  and that this Act take effect and be in force from and after its
   2-17  passage, and it is so enacted.