AN ACT

 1-1     relating to the restricted sale of wine for off-premises

 1-2     consumption by the holder of a winery permit in certain areas.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 16.05, Alcoholic Beverage Code, is

 1-5     amended to read as follows:

 1-6           Sec. 16.05.  LOCATION OF PREMISES.  (a)  A winery permit may

 1-7     be issued for licensed premises in a dry area, but, except as

 1-8     provided by Subsection (b), the permittee may not sell wine in a

 1-9     dry area.

1-10           (b)  If the premises are in a dry area, the permittee may

1-11     sell wine in this state to:

1-12                 (1)  permit holders authorized to sell wine to the

1-13     ultimate consumer in unbroken packages for off-premises consumption

1-14     in an amount not to exceed 25,000 gallons annually;

1-15                 (2)  holders of wholesaler's permits, winery permits,

1-16     and wine bottler's permits; and

1-17                 (3)  ultimate consumers for consumption off winery

1-18     premises for seven consecutive days each year if:

1-19                       (A)  the winery is located in:

1-20                             (i)  a dry area; and

1-21                             (ii)  a county with a population of 15,000

1-22     or less in which a majority of the area of the county is a dry area

1-23     and in which one municipality is in a wet area; or

 2-1                             (iii)  a county that has a population of at

 2-2     least 20,000, but not more than 30,000, and that borders the Red

 2-3     River and in which a majority of the area of the county is a dry

 2-4     area;

 2-5                       (B)  the grapes used in manufacturing the wine

 2-6     are grown and harvested in the dry area;

 2-7                       (C)  the wine is manufactured, bottled, and sold

 2-8     on the winery premises; and

 2-9                       (D)  the holder of the permit, not later than the

2-10     14th day before the date of the start of the seven-day period,

2-11     notifies the commission of the winery's intention to sell wine

2-12     under the authority of this subsection.

2-13           SECTION 2.  The importance of this legislation and the

2-14     crowded condition of the calendars in both houses create an

2-15     emergency and an imperative public necessity that the

2-16     constitutional rule requiring bills to be read on three several

2-17     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 1787 passed the Senate on

         April 28, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 1787 passed the House on

         May 28, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor