76R12996 AJA-D                          
         By Cain                                               S.B. No. 1102
         Substitute the following for S.B. No. 1102:
         By Moreno of Harris                               C.S.S.B. No. 1102
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the permissible concentration of alcohol in certain
 1-3     beverages sold or held by persons permitted to sell such beverages.
 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, beer, and malt liquors containing alcohol
1-22     in excess of one-half of one percent by volume and not more than 17
1-23     [14] percent by volume; and
1-24                 (2)  for consumption on the premises traditional port
 2-1     or sherry containing alcohol in excess of one-half of one percent
 2-2     by volume and not more than 24 percent by volume.
 2-3           SECTION 3.  Section 25.09, Alcoholic Beverage Code, is
 2-4     amended to read as follows:
 2-5           Sec. 25.09.  POSSESSION OF CERTAIN BEVERAGES PROHIBITED.  No
 2-6     wine and beer retailer's permittee, nor officer of the permittee,
 2-7     may possess distilled spirits or liquor containing alcohol in
 2-8     excess of 17 [14] percent by volume on the licensed premises.
 2-9           SECTION 4.  Section 26.01, Alcoholic Beverage Code, is
2-10     amended to read as follows:
2-11           Sec. 26.01.  AUTHORIZED ACTIVITIES.  The holder of a wine and
2-12     beer retailer's off-premise permit may sell for off-premises
2-13     consumption only, but not for resale, wine, beer, and malt liquors
2-14     containing alcohol in excess of one-half of one percent by volume
2-15     but not more than 17 [14] percent by volume.
2-16           SECTION 5.  Section 27.01, Alcoholic Beverage Code, is
2-17     amended to read as follows:
2-18           Sec. 27.01.  AUTHORIZED ACTIVITIES.  The holder of a
2-19     temporary wine and beer retailer's permit may sell for consumption
2-20     on or off the premises where sold, but not for resale, wine, beer,
2-21     and malt liquors containing alcohol in excess of one-half of one
2-22     percent by volume but not more than 17 [14] percent by volume.  The
2-23     permit does not authorize the sale of those beverages outside the
2-24     county for which it is issued.
2-25           SECTION 6.  Section 27.11, Alcoholic Beverage Code, is
2-26     amended to read as follows:
2-27           Sec. 27.11.  AUTHORIZED ACTIVITIES.  The holder of a special
 3-1     three-day wine and beer permit may sell for consumption on the
 3-2     premises for which the permit is issued, but not for resale, wine,
 3-3     beer, and malt liquors containing alcohol in excess of one-half of
 3-4     one percent by volume but not more than 17 [14] percent by volume.
 3-5           SECTION 7.  Section 251.14, Alcoholic Beverage Code, is
 3-6     amended by amending Subsections (a) and (e) to read as follows:
 3-7           (a)  In the ballot issues prescribed in this section, "wine"
 3-8     is limited to vinous beverages that do not contain more than 17
 3-9     [14] percent alcohol by volume and includes malt beverages that do
3-10     not exceed that alcohol content.  For local option purposes, those
3-11     beverages, sold and dispensed to the public in unbroken, sealed,
3-12     individual containers, are a separate and distinct type of
3-13     alcoholic beverage.
3-14           (e)  In areas where the sale of beverages containing alcohol
3-15     not in excess of 17 [14] percent by volume has been legalized, and
3-16     those of higher alcoholic content are prohibited, the ballot shall
3-17     be prepared to permit voting for or against one of the following
3-18     issues in any prohibitory election:
3-19                 (1)  "The legal sale of beer for off-premise
3-20     consumption only."
3-21                 (2)  "The legal sale of beer."
3-22                 (3)  "The legal sale of beer and wine for off-premise
3-23     consumption only."
3-24                 (4)  "The legal sale of beer and wine."
3-25           SECTION 8.  Subchapter D, Chapter 251, Alcoholic Beverage
3-26     Code, is amended by adding Section 251.81 to read as follows:
3-27           Sec. 251.81.  SALE OF WINE.  (a)  If the sale of wine was
 4-1     approved in an area by a local option election, other than a local
 4-2     option election that approved the sale of all alcoholic beverages,
 4-3     before September 1, 1999, an alcoholic beverage license or permit
 4-4     holder may not sell in that area wine containing more than 14
 4-5     percent alcohol by volume unless a subsequent local option election
 4-6     approves the sale of wine or wine and other alcoholic beverages.
 4-7           (b)  The commission shall, on the face of each alcoholic
 4-8     beverage license or permit, indicate whether the holder may sell
 4-9     wine and if the license or permit holder may sell wine, whether the
4-10     holder may sell wine up to 14 percent alcohol or 17 percent alcohol
4-11     by volume.
4-12           SECTION 9.  This Act takes effect September 1, 1999.
4-13           SECTION 10.  The importance of this legislation and the
4-14     crowded condition of the calendars in both houses create an
4-15     emergency and an imperative public necessity that the
4-16     constitutional rule requiring bills to be read on three several
4-17     days in each house be suspended, and this rule is hereby suspended.