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.