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.