By Keel                                                H.B. No. 124
                                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.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 16, Alcoholic Beverage Code, is amended
 1-6     by adding Section 16.08 to read as follows:
 1-7           Sec. 16.08.  WINE FESTIVALS.  (a)  At an event that is
 1-8     approved by the commission, organized to celebrate and promote the
 1-9     wine industry in this state, and held in whole or in part on the
1-10     premises of the holder of a winery permit, the permit holder may:
1-11                 (1)  sell wine to consumers for consumption on or off
1-12     the holder's premises; and
1-13                 (2)  dispense wine without charge for consumption on or
1-14     off the holder's premises.
1-15           (b)  The holder of a winery permit may sell wine to the
1-16     holder of a temporary permit issued under Chapter 27, 30, or 33 for
1-17     an event that is approved by the commission and organized to
1-18     celebrate and promote the wine industry in this state.
1-19           (c)  The holder of a winery permit may not hold more than
1-20     four events described by Subsection (a) each year.
1-21           SECTION 2.  Section 16.05(a), Alcoholic Beverage Code, is
1-22     amended to read as follows:
1-23           (a)  A winery permit may be issued for licensed premises in a
1-24     dry area, but, except as provided by Subsection (b) or Section
 2-1     16.08, the permittee may not sell wine in a dry area.
 2-2           SECTION 3.  Sections 251.14(b) and (e), Alcoholic Beverage
 2-3     Code, are amended to read as follows:
 2-4           (b)  In areas where any type or classification of alcoholic
 2-5     beverages is prohibited and the issue submitted pertains to
 2-6     legalization of the sale of one or more of the prohibited types or
 2-7     classifications, the ballot shall be prepared to permit voting for
 2-8     or against one of the following issues:
 2-9                 (1)  "The legal sale of beer for off-premise
2-10     consumption only."
2-11                 (2)  "The legal sale of beer."
2-12                 (3)  "The legal sale of beer and wine for off-premise
2-13     consumption only."
2-14                 (4)  "The legal sale of beer and wine."
2-15                 (5)  "The legal sale of all alcoholic beverages for
2-16     off-premise consumption only."
2-17                 (6)  "The legal sale of all alcoholic beverages except
2-18     mixed beverages."
2-19                 (7)  "The legal sale of all alcoholic beverages
2-20     including mixed beverages."
2-21                 (8)  "The legal sale of mixed beverages."
2-22                 (9)  "The legal sale of wine on the premises of a
2-23     holder of a winery permit."
2-24           (e)  In areas where the sale of beverages containing alcohol
2-25     not in excess of 14 percent by volume has been legalized, and those
2-26     of higher alcoholic content are prohibited, the ballot shall be
2-27     prepared to permit voting for or against one of the following
 3-1     issues in any prohibitory election:
 3-2                 (1)  "The legal sale of beer for off-premise
 3-3     consumption only."
 3-4                 (2)  "The legal sale of beer."
 3-5                 (3)  "The legal sale of beer and wine for off-premise
 3-6     consumption only."
 3-7                 (4)  "The legal sale of beer and wine."
 3-8                 (5)  "The legal sale of wine on the premises of a
 3-9     holder of a winery permit."
3-10           SECTION 4.  This Act takes effect September 1, 1999.
3-11           SECTION 5.  The importance of this legislation and the
3-12     crowded condition of the calendars in both houses create an
3-13     emergency and an imperative public necessity that the
3-14     constitutional rule requiring bills to be read on three several
3-15     days in each house be suspended, and this rule is hereby suspended.