By Moreno of Harris H.B. No. 3193
76R9063 AJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sale of wine by certain alcoholic beverage license
1-3 or permit holders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 24.07, Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 Sec. 24.07. WHEN LICENSE ALSO HELD: HOURS OF SALE, ETC. A
1-8 holder of a wine only package store permit who also holds a retail
1-9 dealer's off-premise license for the same location may remain open
1-10 and sell ale, wine, vinous liquors, and beer, for off-premises
1-11 consumption only, on any day and during the same hours that the
1-12 holder of a wine and beer retailer's permit may sell ale, beer, and
1-13 wine, except that he may not sell wine or vinous liquor containing
1-14 more than 17 [14] percent alcohol by volume on a Sunday or after 10
1-15 p.m. on any day.
1-16 SECTION 2. Section 25.01, Alcoholic Beverage Code, is
1-17 amended to read as follows:
1-18 Sec. 25.01. AUTHORIZED ACTIVITIES. The holder of a wine and
1-19 beer retailer's permit may sell:
1-20 (1) for consumption on or off the premises where sold,
1-21 but not for resale, wine containing not more than 17 percent
1-22 alcohol by volume and [,] beer[,] and malt liquors containing
1-23 alcohol in excess of one-half of one percent by volume and not more
1-24 than 14 percent by volume; and
2-1 (2) for consumption on the premises traditional port
2-2 or sherry containing alcohol in excess of one-half of one percent
2-3 by volume and not more than 24 percent by volume.
2-4 SECTION 3. Section 25.09, Alcoholic Beverage Code, is
2-5 amended to read as follows:
2-6 Sec. 25.09. POSSESSION OF CERTAIN BEVERAGES PROHIBITED. No
2-7 wine and beer retailer's permittee, nor officer of the permittee,
2-8 may possess [distilled spirits or liquor containing alcohol in
2-9 excess of 14 percent by volume] on the licensed premises any
2-10 alcoholic beverage the permitee is not authorized to sell.
2-11 SECTION 4. Section 26.01, Alcoholic Beverage Code, is
2-12 amended to read as follows:
2-13 Sec. 26.01. AUTHORIZED ACTIVITIES. The holder of a wine and
2-14 beer retailer's off-premise permit may sell for off-premises
2-15 consumption only, but not for resale, wine containing not more than
2-16 17 percent alcohol by volume and [,] beer[,] and malt liquors
2-17 containing alcohol in excess of one-half of one percent by volume
2-18 but not more than 14 percent by volume.
2-19 SECTION 5. Section 27.01, Alcoholic Beverage Code, is
2-20 amended to read as follows:
2-21 Sec. 27.01. AUTHORIZED ACTIVITIES. The holder of a
2-22 temporary wine and beer retailer's permit may sell for consumption
2-23 on or off the premises where sold, but not for resale, wine
2-24 containing not more than 17 percent alcohol by volume and [,]
2-25 beer[,] and malt liquors containing alcohol in excess of one-half
2-26 of one percent by volume but not more than 14 percent by volume.
2-27 The permit does not authorize the sale of those beverages outside
3-1 the county for which it is issued.
3-2 SECTION 6. Section 27.11, Alcoholic Beverage Code, is
3-3 amended to read as follows:
3-4 Sec. 27.11. AUTHORIZED ACTIVITIES. The holder of a special
3-5 three-day wine and beer permit may sell for consumption on the
3-6 premises for which the permit is issued, but not for resale, wine
3-7 containing not more than 17 percent alcohol by volume and [,]
3-8 beer[,] and malt liquors containing alcohol in excess of one-half
3-9 of one percent by volume but not more than 14 percent by volume.
3-10 SECTION 7. Section 71.04, Alcoholic Beverage Code, is
3-11 amended to read as follows:
3-12 Sec. 71.04. POSSESSION OF CERTAIN BEVERAGES PROHIBITED. No
3-13 retail dealer's off-premise licensee, nor [his] officer of the
3-14 licensee, may possess [liquor containing alcohol in excess of 14
3-15 percent by volume] on the licensed premises any alcoholic beverage
3-16 the licensee is not authorized to sell.
3-17 SECTION 8. Section 251.14, Alcoholic Beverage Code, is
3-18 amended by amending Subsections (a) and (e) to read as follows:
3-19 (a) In the ballot issues prescribed in this section, "wine"
3-20 is limited to vinous beverages that do not contain more than 17
3-21 [14] percent alcohol by volume and includes malt beverages that do
3-22 not exceed that alcohol content. For local option purposes, those
3-23 beverages, sold and dispensed to the public in unbroken, sealed,
3-24 individual containers, are a separate and distinct type of
3-25 alcoholic beverage.
3-26 (e) In areas where the sale of beverages containing alcohol
3-27 not in excess of 17 [14] percent by volume has been legalized, and
4-1 those of higher alcoholic content are prohibited, the ballot shall
4-2 be prepared to permit voting for or against one of the following
4-3 issues in any prohibitory election:
4-4 (1) "The legal sale of beer for off-premise
4-5 consumption only."
4-6 (2) "The legal sale of beer."
4-7 (3) "The legal sale of beer and wine for off-premise
4-8 consumption only."
4-9 (4) "The legal sale of beer and wine."
4-10 SECTION 9. Subchapter D, Chapter 251, Alcoholic Beverage
4-11 Code, is amended by adding Section 251.81 to read as follows:
4-12 Sec. 251.81. SALE OF WINE. (a) If the sale of wine was
4-13 approved in an area by a local option election, other than a local
4-14 option election that approved the sale of all alcoholic beverages,
4-15 before September 1, 1999, an alcoholic beverage license or permit
4-16 holder may not sell in that area wine containing more than 14
4-17 percent alcohol by volume unless a subsequent local option election
4-18 approves the sale of wine or wine and other alcoholic beverages.
4-19 (b) The commission shall, on the face of each alcoholic
4-20 beverage license or permit, indicate whether the holder may sell
4-21 wine and if the license or permit holder may sell wine, whether the
4-22 holder may sell wine up to 14 percent alcohol or 17 percent alcohol
4-23 by volume.
4-24 SECTION 10. This Act takes effect September 1, 1999.
4-25 SECTION 11. The importance of this legislation and the
4-26 crowded condition of the calendars in both houses create an
4-27 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended.