By Patterson                                    H.B. No. 2011

      75R3672 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the promotion of Texas agricultural products and the

 1-3     sale of wine; creating a vintner's permit; imposing a tax on the

 1-4     sale of wine; providing penalties.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Chapter 16, Alcoholic Beverage Code, is amended

 1-7     by adding Section 16.07 to read as follows:

 1-8           Sec. 16.07.  WINE FESTIVALS.  (a)  At an event that is

 1-9     approved by the commission and organized to celebrate and promote

1-10     the wine industry in this state, the holder of a winery permit may:

1-11                 (1)  if the event is held in whole or in part on the

1-12     winery premises, sell wine to consumers for consumption on or off

1-13     the holder's premises and dispense wine without charge for

1-14     consumption on or off the holder's premises; and

1-15                 (2)  if the event is held at a location other than the

1-16     holder's premises, deliver wine manufactured by the holder to the

1-17     location of the event for the purpose of participating in the event

1-18     by dispensing wine to individuals attending the event if no charge

1-19     of any kind is made for the wine or the delivery of the wine

1-20     dispensed or for attendance at the event.

1-21           (b)  The holder of a winery permit may sell wine to the

1-22     holder of a temporary permit issued under Chapter 27, 30, or 33 for

1-23     an event that is approved by the commission and organized to

1-24     celebrate and promote the wine industry in this state.

 2-1           SECTION 2.  Subtitle A, Title 3, Alcoholic Beverage Code, is

 2-2     amended by adding Chapter 17 to read as follows:

 2-3                        CHAPTER 17.  VINTNER'S PERMIT

 2-4           Sec. 17.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a

 2-5     vintner's permit may:

 2-6                 (1)  manufacture, bottle, label, and package wine

 2-7     containing not more than 24 percent alcohol by volume;

 2-8                 (2)  manufacture and import grape brandy for fortifying

 2-9     purposes only and to be used only on the holder's licensed

2-10     premises;

2-11                 (3)  purchase and import wine only from the holders of

2-12     nonresident seller's permits or their agents who are holders of

2-13     manufacturer's agent's permits;

2-14                 (4)  purchase wine in this state from holders of

2-15     wholesaler's permits, winery permits, or wine bottler's permits;

2-16                 (5)  bottle, rebottle, label, package, and sell wine to

2-17     permit holders in this state authorized to purchase and sell wine;

2-18                 (6)  sell wine in this state to holders of wholesaler's

2-19     permits, winery permits, and wine bottler's permits;

2-20                 (7)  sell wine to ultimate consumers in unbroken

2-21     packages for off-premises consumption in an amount not to exceed

2-22     25,000 gallons annually;

2-23                 (8)  sell wine outside this state to qualified persons;

2-24                 (9)  blend wines; and

2-25                 (10)  dispense free wine for consumption on the winery

2-26     premises.

2-27           (b)  The holder of a vintner's permit may manufacture and

 3-1     label wine for an adult in an amount not to exceed 50 gallons

 3-2     annually for the personal use of the adult.  Any amount of wine

 3-3     produced under this subsection is included in the annual total

 3-4     amount that may be sold by the holder under Subsection (a)(7).  An

 3-5     adult for whom wine is manufactured and labeled under this

 3-6     subsection is not required to hold a license or permit issued under

 3-7     this code.

 3-8           (c)  The holder of a vintner's permit may conduct wine

 3-9     samplings, including wine tastings at a retailer's premises.  An

3-10     employee of the holder may open, touch, or pour wine, make a

3-11     presentation, or answer questions at a wine sampling.  A wine

3-12     sampling may not be held in a location where a wine sampling is

3-13     otherwise prohibited by law.

3-14           Sec. 17.02.  FEE.  The annual state fee for a vintner's

3-15     permit is $300.

3-16           Sec. 17.03.  IMPORTATION FOR BLENDING.  The holder of a

3-17     vintner's permit may, for blending purposes only, import wines or

3-18     grape brandy.  The wine or grape brandy may be purchased only from

3-19     the holders of nonresident seller's permits.  The state tax on

3-20     wines imported for blending purposes does not accrue until the wine

3-21     has been used for blending purposes and the resultant product

3-22     placed in containers for sale.

3-23           Sec. 17.04.  FEDERAL PERMIT REQUIRED.  A vintner's permit may

3-24     be granted only on presentation of a winemaker's and blender's

3-25     basic permit of the federal alcohol tax unit.

3-26           Sec. 17.05.  LOCATION OF PREMISES.  (a)  A vintner's permit

3-27     may be issued for premises in a dry area, but, except as provided

 4-1     by Subsection (b), the permit holder may not sell wine in a dry

 4-2     area.

 4-3           (b)  If the premises are in a dry area, the permit holder may

 4-4     sell wine in this state to:

 4-5                 (1)  permit holders authorized to sell wine to the

 4-6     ultimate consumer in unbroken packages for off-premises consumption

 4-7     in an amount not to exceed 25,000 gallons annually;

 4-8                 (2)  holders of wholesaler's permits, winery permits,

 4-9     and wine bottler's permits; and

4-10                 (3)  ultimate consumers for off-premises consumption

4-11     for seven consecutive days each year if:

4-12                       (A)  the premises are located in a county with a

4-13     population of 15,000 or less in which a majority of the area of the

4-14     county is a dry area and in which one municipality is in a wet

4-15     area;

4-16                       (B)  the grapes used in manufacturing the wine

4-17     are grown in the dry area;

4-18                       (C)  the wine is manufactured and bottled on the

4-19     premises; and

4-20                       (D)  the holder of the permit, not later than the

4-21     14th day before the date of the start of the seven-day period,

4-22     notifies the commission of the holder's intention to sell wine

4-23     under the authority of this subsection.

4-24           Sec. 17.06.  ORGANIZED WINE TASTING COMPETITION.  (a)  For

4-25     the purpose of participating in an organized wine tasting, wine

4-26     evaluation, wine competition, or literary review, the holder of a

4-27     vintner's permit may deliver wine produced and manufactured by the

 5-1     holder to locations that are not licensed under this code for the

 5-2     purpose of submitting the wine to an evaluation at an organized

 5-3     wine tasting competition attended primarily by unlicensed persons

 5-4     or by a wine reviewer whose reviews are published if:

 5-5                 (1)  no charge of any kind is made for the wine,

 5-6     delivery, or attendance at the event; and

 5-7                 (2)  the commission consents in writing to the

 5-8     delivery.

 5-9           (b)  In connection with events authorized by Subsection (a),

5-10     the holder of the vintner's permit may dispense wine to individuals

5-11     attending the event and discuss with them the manufacture and

5-12     characteristics of the wine.

5-13           Sec. 17.07.  WINE FESTIVALS.  (a)  At an event that is

5-14     approved by the commission and organized to celebrate and promote

5-15     the wine industry in this state, the holder of a vintner's permit

5-16     may:

5-17                 (1)  if the organized event is held in whole or in part

5-18     on the winery premises, sell wine to consumers for consumption on

5-19     or off the holder's premises and dispense wine without charge for

5-20     consumption on or off the holder's premises; and

5-21                 (2)  if the organized event is held at a location other

5-22     than the holder's premises, deliver wine manufactured by the holder

5-23     to the location of the event for the purpose of participating in

5-24     the event by dispensing wine to individuals attending the event if

5-25     no charge of any kind is made for the wine or the delivery of the

5-26     wine dispensed or for attendance at the event.

5-27           (b)  The holder of a winery permit may sell wine to the

 6-1     holder of a temporary permit issued under Chapter 27, 30, or 33 for

 6-2     an event that is approved by the commission and organized to

 6-3     celebrate and promote the wine industry in this state.

 6-4           SECTION 3.  Sections 204.01(f) and (i), Alcoholic Beverage

 6-5     Code, are amended to read as follows:

 6-6           (f)  The holder of a wholesaler's or class B wholesaler's

 6-7     permit, the holder of a winery permit, vintner's permit, or wine

 6-8     bottler's permit, or the holder of a distributor's license is not

 6-9     required to furnish a bond if for the preceding 36 months the

6-10     permittee or licensee has paid all taxes and fees required by this

6-11     code on or before the due date.

6-12           (i)  A permittee or licensee who qualifies for an exemption

6-13     under Subsection (f) of this section is also exempt from the

6-14     bonding requirement for any other wholesaler's permit, class B

6-15     wholesaler's permit, winery permit, vintner's permit, wine

6-16     bottler's permit, or distributor's license currently held by or

6-17     subsequently issued to the same permittee or licensee for use at

6-18     licensed premises different from and additional to those covered by

6-19     the permit or license under which the permittee or licensee

6-20     qualified for exemption.  However, if a permittee or licensee fails

6-21     to pay a tax or fee imposed by this code on or before the due date

6-22     and the permittee or licensee holds multiple permits or licenses,

6-23     the requirement for a bond or tax security shall be imposed or

6-24     reimposed under Subsection (g) of this section only on the permit

6-25     or license covering the licensed premises for which the tax or fee

6-26     and any applicable penalty were not timely paid.

6-27           SECTION 4.  Section 204.06, Alcoholic Beverage Code, is

 7-1     amended to read as follows:

 7-2           Sec. 204.06.  COMPREHENSIVE WINERY BOND. (a)  A person who

 7-3     holds more than one of the following permits [both a winery permit

 7-4     and a wine bottler's permit] may execute a single bond in an amount

 7-5     determined by the commission instead of multiple bonds to secure

 7-6     the performance of different activities by the holder:  a winery

 7-7     permit, a bottler's permit, or a vintner's permit.

 7-8           (b)  The commission may enter into an agreement with any

 7-9     other state agency that requires the holder of a winery permit,

7-10     vintner's permit, or wine bottler's permit to post a bond to allow

7-11     the holder to post a single bond to secure the performance of

7-12     different activities, including the payment of taxes, by the

7-13     holder.

7-14           SECTION 5.  Chapter 204, Alcoholic Beverage Code, is amended

7-15     by adding Section 204.07 to read as follows:

7-16           Sec. 204.07.  BONDED PREMISES FOR CERTAIN PERMITS.  The

7-17     commission shall require the premises of a holder of a winery

7-18     permit, vintner's permit, or wine bottler's permit to be bonded in

7-19     the same manner as required under 27 C.F.R. Part 24 (April 1, 1996

7-20     edition).

7-21           SECTION 6.  Title 5, Alcoholic Beverage Code, is amended by

7-22     adding Chapter 207 to read as follows:

7-23                           CHAPTER 207.  WINE TAX

7-24           Sec. 207.01.  TAX ON WINE.  (a)  A tax is imposed on each

7-25     bottle of wine sold at retail in this state.

7-26           (b)  The rate of the tax is one cent for each bottle

7-27     containing 750 milliliters of wine or an equivalent rate for each

 8-1     container of a different volume according to the volume

 8-2     proportional to 750 milliliters.

 8-3           Sec. 207.02.  DUTY TO PAY TAX; DUE DATE.  (a)  The holder of

 8-4     a permit who is authorized to sell wine at retail shall pay the tax

 8-5     on wine imposed under this chapter.

 8-6           (b)  The tax is due and payable to the Department of

 8-7     Agriculture on the 15th day of the month after the month the wine

 8-8     is sold.

 8-9           Sec. 207.03.  COMMISSIONER TO COLLECT TAX.  The commissioner

8-10     of the Department of Agriculture shall collect the tax under this

8-11     chapter.

8-12           Sec. 207.04.  STATEMENTS.  (a)  The Department of Agriculture

8-13     may require holders of permits authorized to sell wine to provide

8-14     information as to sales to enable the Department of Agriculture to

8-15     collect the full amount of wine tax due.  No permit holder may fail

8-16     or refuse to furnish the information.

8-17           (b)  The Department of Agriculture may seize or withhold from

8-18     sale the permit holder's wine for failure or refusal to supply the

8-19     information required under Subsection (a) or to permit the

8-20     Department of Agriculture to make an investigation of pertinent

8-21     records.

8-22           Sec. 207.05.  PAYMENT OF TAXES.  The tax on wine shall be

8-23     paid by a remittance payable to the Department of Agriculture and

8-24     forwarded with any required sworn statements of taxes due to the

8-25     Department of Agriculture on or before the due date.

8-26           Sec. 207.06.  EVIDENCE IN SUIT.  In a suit brought to enforce

8-27     the collection of tax due on wine sold in this state, a certificate

 9-1     by the Department of Agriculture showing the delinquency is prima

 9-2     facie evidence of:

 9-3                 (1)  the levy of the tax or the delinquency of the

 9-4     stated amount of tax and penalty; and

 9-5                 (2)  compliance by the Department of Agriculture with

 9-6     the provisions of this chapter in relation to the computation and

 9-7     levy of the tax.

 9-8           Sec. 207.07.  SUMMARY SUSPENSION.  (a)  The commission may

 9-9     summarily suspend, without a hearing, the permit of a holder  who

9-10     fails to file a report or return or to make a tax payment required

9-11     by this chapter.  Chapter 2001, Government Code, does not apply to

9-12     the commission in the enforcement and administration of this

9-13     section.

9-14           (b)  A suspension under this section takes effect on the

9-15     third day after the date the notice of suspension is given.  The

9-16     notice shall be given to the permit holder or the permit holder's

9-17     agent or employee by registered or certified mail if not given in

9-18     person.

9-19           (c)  The commission shall terminate a suspension made under

9-20     this section when the permit holder files all required returns and

9-21     makes all required tax payments that are due.

9-22           Sec. 207.08.  USE OF REVENUE.  The revenue collected from the

9-23     taxes imposed by this chapter may be appropriated only to the

9-24     Department of Agriculture and used only for the promotion of

9-25     research and marketing in this state of wines wherever produced,

9-26     including wines made from Texas agricultural products or wines

9-27     blended in this state and predominantly made from Texas

 10-1    agricultural products.

 10-2          Sec.207.09.  ADVISORY COUNCIL.  (a)  The commissioner of the

 10-3    Department of Agriculture shall appoint an advisory council to

 10-4    advise the commissioner and the Department of Agriculture on the

 10-5    use of the funds collected under this chapter for the purposes

 10-6    described by Section 207.08.

 10-7          (b)  In making appointments under this section, the

 10-8    commissioner shall appoint members to represent holders of permits

 10-9    authorized to sell wine, owners of vineyards, owners of wineries,

10-10    and each geographic region of the state in which a vineyard or

10-11    winery is located.

10-12          SECTION 7.  Sections 251.14(b), (c), (d), and (e), Alcoholic

10-13    Beverage Code, are amended to read as follows:

10-14          (b)  In areas where any type or classification of alcoholic

10-15    beverages is prohibited and the issue submitted pertains to

10-16    legalization of the sale of one or more of the prohibited types or

10-17    classifications, the ballot shall be prepared to permit voting for

10-18    or against one of the following issues:

10-19                (1)  "The legal sale of beer for off-premise

10-20    consumption only."

10-21                (2)  "The legal sale of beer."

10-22                (3)  "The legal sale of beer and wine for off-premise

10-23    consumption only."

10-24                (4)  "The legal sale of beer and wine."

10-25                (5)  "The legal sale of all alcoholic beverages for

10-26    off-premise consumption only."

10-27                (6)  "The legal sale of all alcoholic beverages except

 11-1    mixed beverages."

 11-2                (7)  "The legal sale of all alcoholic beverages

 11-3    including mixed beverages."

 11-4                (8)  "The legal sale of mixed beverages."

 11-5                (9)  "The legal sale of wine on the premises, including

 11-6    the vineyard, of a holder of a winery permit or vintner's permit

 11-7    for off-premises consumption only."

 11-8          (c)  In areas where the sale of all alcoholic beverages

 11-9    including mixed beverages has been legalized, the ballot shall be

11-10    prepared to permit voting for or against one of the following

11-11    issues in any prohibitory election:

11-12                (1)  "The legal sale of beer for off-premise

11-13    consumption only."

11-14                (2)  "The legal sale of beer."

11-15                (3)  "The legal sale of beer and wine for off-premise

11-16    consumption only."

11-17                (4)  "The legal sale of beer and wine."

11-18                (5)  "The legal sale of all alcoholic beverages for

11-19    off-premise consumption only."

11-20                (6)  "The legal sale of all alcoholic beverages except

11-21    mixed beverages."

11-22                (7)  "The legal sale of all alcoholic beverages

11-23    including mixed beverages."

11-24                (8)  "The legal sale of mixed beverages."

11-25                (9)  "The legal sale of wine on the premises, including

11-26    the vineyard, of a holder of a winery permit or vintner's permit

11-27    for off-premises consumption only."

 12-1          (d)  In areas where the sale of all alcoholic beverages

 12-2    except mixed beverages has been legalized, the ballot shall be

 12-3    prepared to permit voting for or against one of the following

 12-4    issues in any prohibitory elections:

 12-5                (1)  "The legal sale of beer for off-premise

 12-6    consumption only."

 12-7                (2)  "The legal sale of beer."

 12-8                (3)  "The legal sale of beer and wine for off-premise

 12-9    consumption only."

12-10                (4)  "The legal sale of beer and wine."

12-11                (5)  "The legal sale of all alcoholic beverages for

12-12    off-premise consumption only."

12-13                (6)  "The legal sale of all alcoholic beverages except

12-14    mixed beverages."

12-15                (7)  "The legal sale of wine on the premises, including

12-16    the vineyard, of a holder of a winery permit or vintner's permit

12-17    for off-premises consumption only."

12-18          (e)  In areas where the sale of beverages containing alcohol

12-19    not in excess of 14 percent by volume has been legalized, and those

12-20    of higher alcoholic content are prohibited, the ballot shall be

12-21    prepared to permit voting for or against one of the following

12-22    issues in any prohibitory election:

12-23                (1)  "The legal sale of beer for off-premise

12-24    consumption only."

12-25                (2)  "The legal sale of beer."

12-26                (3)  "The legal sale of beer and wine for off-premise

12-27    consumption only."

 13-1                (4)  "The legal sale of beer and wine."

 13-2                (5)  "The legal sale of wine on the premises, including

 13-3    the vineyard, of a holder of a winery permit or vintner's permit

 13-4    for off-premises consumption only."

 13-5          SECTION 8.  Section 16.01(d), Alcoholic Beverage Code, is

 13-6    repealed.

 13-7          SECTION 9.  This Act takes effect September 1, 1997.

 13-8          SECTION 10.  The importance of this legislation and the

 13-9    crowded condition of the calendars in both houses create an

13-10    emergency and an imperative public necessity that the

13-11    constitutional rule requiring bills to be read on three several

13-12    days in each house be suspended, and this rule is hereby suspended.