1-1     By:  Cain                                             S.B. No. 1787

 1-2           (In the Senate - Filed March 14, 1997; March 24, 1997, read

 1-3     first time and referred to Committee on State Affairs;

 1-4     April 17, 1997, reported favorably by the following vote:  Yeas 13,

 1-5     Nays 0; April 17, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the restricted sale of wine for off-premises

 1-9     consumption by the holder of a winery permit in certain areas.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 16.05, Alcoholic Beverage Code, is

1-12     amended to read as follows:

1-13           Sec. 16.05.  LOCATION OF PREMISES.  (a)  A winery permit may

1-14     be issued for licensed premises in a dry area, but, except as

1-15     provided by Subsection (b), the permittee may not sell wine in a

1-16     dry area.

1-17           (b)  If the premises are in a dry area, the permittee may

1-18     sell wine in this state to:

1-19                 (1)  permit holders authorized to sell wine to the

1-20     ultimate consumer in unbroken packages for off-premises consumption

1-21     in an amount not to exceed 25,000 gallons annually;

1-22                 (2)  holders of wholesaler's permits, winery permits,

1-23     and wine bottler's permits; and

1-24                 (3)  ultimate consumers for consumption off winery

1-25     premises for seven consecutive days each year if:

1-26                       (A)  the winery is located in:

1-27                             (i)  a dry area; and

1-28                             (ii)  a county with a population of 15,000

1-29     or less in which a majority of the area of the county is a dry area

1-30     and in which one municipality is in a wet area; or

1-31                             (iii)  a county that has a population of at

1-32     least 20,000, but not more than 30,000, and that borders the Red

1-33     River and in which a majority of the area of the county is a dry

1-34     area;

1-35                       (B)  the grapes used in manufacturing the wine

1-36     are grown and harvested in the dry area;

1-37                       (C)  the wine is manufactured, bottled, and sold

1-38     on the winery premises; and

1-39                       (D)  the holder of the permit, not later than the

1-40     14th day before the date of the start of the seven-day period,

1-41     notifies the commission of the winery's intention to sell wine

1-42     under the authority of this subsection.

1-43           SECTION 2.  The importance of this legislation and the

1-44     crowded condition of the calendars in both houses create an

1-45     emergency and an imperative public necessity that the

1-46     constitutional rule requiring bills to be read on three several

1-47     days in each house be suspended, and this rule is hereby suspended.

1-48                                  * * * * *