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.