By:  Cain                                             S.B. No. 1787
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       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
 2-1     or less in which a majority of the area of the county is a dry area
 2-2     and in which one municipality is in a wet area; or
 2-3                             (iii)  a county that has a population of at
 2-4     least 20,000 but not more than 30,000 and that borders the Red
 2-5     River in which a majority of the area of the county is a dry area;
 2-6                       (B)  the grapes used in manufacturing the wine
 2-7     are grown and harvested in the dry area;
 2-8                       (C)  the wine is manufactured, bottled, and sold
 2-9     on the winery premises; and
2-10                       (D)  the holder of the permit, not later than the
2-11     14th day before the date of the start of the seven-day period,
2-12     notifies the commission of the winery's intention to sell wine
2-13     under the authority of this subsection.
2-14           SECTION 2.  The importance of this legislation and the
2-15     crowded condition of the calendars in both houses create an
2-16     emergency and an imperative public necessity that the
2-17     constitutional rule requiring bills to be read on three several
2-18     days in each house be suspended, and this rule is hereby suspended.