Amend CSHB 892 by striking all below the enacting clause and
substituting the following:
ARTICLE 1. TEXAS WINE MARKETING ASSISTANCE PROGRAM
SECTION 1.01. Title 4, Alcoholic Beverage Code, is amended by
adding Chapter 110 to read as follows:
CHAPTER 110. TEXAS WINE MARKETING ASSISTANCE PROGRAM IN
DEPARTMENT OF AGRICULTURE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 110.001. DEFINITIONS. In this chapter:
(1) "Commissioner" means the commissioner of
agriculture.
(2) "Program" means the Texas Wine Marketing
Assistance Program.
Sec. 110.002. PROGRAM ESTABLISHED. (a) The Texas Wine
Marketing Assistance Program is established in the Department of
Agriculture to assist the Texas wine industry in promoting and
marketing Texas wines and educating the public about the Texas wine
industry.
(b) The commissioner, in consultation with the advisory
committee established under Section 110.003, shall adopt rules as
necessary to implement the program.
Sec. 110.003. ADVISORY COMMITTEE. (a) The commissioner
shall appoint an advisory committee to assist the commissioner in
establishing and implementing the program. The committee shall be
composed of:
(1) three representatives of Texas wineries;
(2) one representative of Texas wine wholesalers;
(3) one representative of Texas package stores;
(4) one representative of the Department of
Agriculture; and
(5) one representative of the commission.
(b) The members of the advisory committee serve without
compensation or reimbursement of expenses.
(c) A member of the advisory committee serves at the
pleasure of the commissioner for a term of two years. The
commissioner may reappoint a member to the advisory committee.
(d) The members of the advisory committee shall select a
presiding officer from among the members and adopt rules governing
the operation of the committee. The rules shall specify that four
members of the committee constitute a quorum sufficient to conduct
the meetings and business of the committee.
(e) The advisory committee shall meet as necessary to
provide guidance to the commissioner in establishing and
implementing the program.
Sections 110.004-110.050 reserved for expansion
SUBCHAPTER B. TEXAS WINE MARKETING ASSISTANCE PROGRAM
Sec. 110.051. PROMOTION, MARKETING, AND EDUCATION. The
program shall:
(1) organize a network of package stores to
participate in a program promoting wines produced in this state and
to deliver wine to consumers under Section 110.053;
(2) develop and maintain a database of wineries in
this state and package stores that sell wines produced in this
state and that allows the program's staff to identify the winery in
this state that produces a particular wine;
(3) operate a toll-free telephone number to:
(A) receive inquiries from persons who wish to
purchase a particular wine produced in this state;
(B) make information about the wineries in this
state and the package stores participating in the program available
to the public; and
(C) refer a person who wishes to purchase a
Texas wine to the winery that produces the wine and inform the
person of arrangements that the person can make under Section
110.053 to pick up the wine at a package store or have the wine
delivered to the person's address;
(4) use market research to develop a wine industry
marketing plan to increase the consumption of and access to Texas
wine;
(5) educate the public about wines produced in the
state by providing publicity about the information in the program's
database to the public and making the information available to the
public through the department's toll-free telephone number and
electronically available through the Internet;
(6) promote wineries in this state and package stores
that participate in the program; and
(7) promote and market, and educate consumers about,
the wines produced in this state using any other method the
commissioner determines is appropriate.
Sec. 110.052. PARTICIPATION OF PACKAGE STORES. (a) Except
as provided by this section, participation in the program by a
package store is voluntary.
(b) If, after the program has been operating for at least 12
months, the commissioner determines after a hearing that package
stores in the state are not participating in the program on a
reasonably distributed geographic basis, the commissioner may
request that the commission require all package stores in the state
to participate in the program. On receiving the commissioner's
request, the commission shall hold a hearing and may adopt rules as
necessary to implement this subsection.
(c) The commissioner by rule may establish standards that a
package store that participates in the program must meet.
Sec. 110.053. SALE AND SHIPMENT OF WINE THROUGH PROGRAM. (a)
A person who purchases wine from a winery in this state may ship
the wine in accordance with:
(1) Section 107.12, if the person is physically
present at the winery; or
(2) this section, if the person is not physically
present at the winery.
(b) If a person who purchases wine from a winery in this
state is not physically present at the winery, the winery may ship
the wine to a package store that participates in the program. On
receipt of the wine, the package store shall notify the purchaser
that the wine is available to be picked up by the purchaser at the
package store or shipped to the purchaser by the package store.
(c) A package store that participates in the program may
charge a purchaser a handling fee of not more than $3.50 for each
order of wine that the purchaser picks up at the package store. The
handling fee is not subject to state or local sales tax.
(d) If a purchaser elects to have the package store ship the
wine to the purchaser, the package store and the purchaser must
agree on the shipping arrangements.
(e) The package store may return a wine order to the winery
if the purchaser does not pick up wine or make arrangements to have
the wine shipped to the purchaser before the 30th day after the
date the purchaser is notified under Subsection (b). The winery
shall accept return of the wine from the package store.
(f) For the purposes of this code, a purchase of wine under
this section is considered to have occurred on the premises of the
winery.
(g) A package store that ships wine under this section is
not liable for the actions of the carrier that delivers the wine.
Sec. 110.054. DELIVERY OF WINE IN A DRY AREA. A package
store that participates in the program may ship wine under Section
110.053 to a person who resides in a dry area if:
(1) the delivery is made by the holder of a carrier
permit; and
(2) the package is clearly labeled as requiring the
signature of a person 21 years of age or older for delivery.
Sec. 110.055. SHIPPING FORM. The commission by rule shall
adopt a standard invoice for shipping wine under Section 110.053
from a winery to a package store and from a package store to a
purchaser that allows the commission to monitor the sale and
delivery of wine through the program, including the amount of wine
sold through the program and the payment of taxes on that wine.
SECTION 1.02. (a) Notwithstanding the General Appropriations
Act or any other law, on or before October 1 of each fiscal year of
the biennium ending August 31, 2003, the Texas Alcoholic Beverage
Commission shall transfer from funds appropriated to the commission
$250,000 to the Department of Agriculture to be used by the
department to implement the Texas Wine Marketing Assistance Program
established by Chapter 110, Alcoholic Beverage Code, as added by
this Act.
(b) The Texas Alcoholic Beverage Commission in accordance
with this subsection may recover the amount transferred under
Subsection (a) of this section by imposing a surcharge on licenses
and permits, other than an Agent's Permit or an Agent's Beer
License, issued or renewed by the commission on or after September
1, 2001, and before August 31, 2003. The surcharge shall be an
amount equal to the amount transferred under Subsection (a) of this
section divided by the number of licenses and permits the
commission anticipates issuing during that period, rounded down to
the next lowest whole dollar.
(c) The governing body of an incorporated city or town or
the commissioners court of a county may not levy and collect a fee
under Section 11.38 or 61.36, Alcoholic Beverage Code, based on a
surcharge imposed under this section.
(d) This section expires August 31, 2003.
ARTICLE 2. SALE OF WINE ON WINERY PREMISES
SECTION 2.01. Section 16.05, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 16.05. LOCATION OF PREMISES. (a) A winery permit may be
issued for licensed premises in a dry area, but, except as provided
by Subsection (b) or Section 16.08, the permittee may not sell wine
in a dry area.
(b) If the premises are in a dry area, the permittee may
sell wine in this state to:
(1) permit holders authorized to sell wine to the
ultimate consumer in unbroken packages for off-premises consumption
in an amount not to exceed 25,000 gallons annually;
(2) holders of wholesaler's permits, winery permits,
and wine bottler's permits; and
(3) ultimate consumers in unbroken packages for
consumption off winery premises in an amount not to exceed 25,000
gallons annually <for seven consecutive days each year if:>
<(A) the winery is located in:>
<(i) a dry area; and>
<(ii) a county with a population of 15,000
or less in which a majority of the area of the county is a dry area
and in which one municipality is in a wet area; or>
<(iii) a county that has a population of
at least 20,000, but not more than 30,000, and that borders the Red
River and in which a majority of the area of the county is a dry
area;>
<(B) the grapes used in manufacturing the wine
are grown and harvested in the dry area;>
<(C) the wine is manufactured, bottled, and sold
on the winery premises; and>
<(D) the holder of the permit, not later than
the 14th day before the date of the start of the seven-day period,
notifies the commission of the winery's intention to sell wine
under the authority of this subsection>.
SECTION 2.02. Chapter 16, Alcoholic Beverage Code, is amended
by adding Section 16.08 to read as follows:
Sec. 16.08. WINE FESTIVALS. (a) At an event that is
approved by the commission, organized to celebrate and promote the
wine industry in this state, and held in whole or in part on the
premises of the holder of a winery permit, the permit holder may:
(1) sell wine to consumers for consumption on or off
the holder's premises; and
(2) dispense wine without charge for consumption on or
off the holder's premises.
(b) The holder of a winery permit may sell wine to the
holder of a temporary permit issued under Chapter 27, 30, or 33 for
an event that is approved by the commission and organized to
celebrate and promote the wine industry in this state.
(c) The holder of a winery permit may not hold more than
four events described by Subsection (a) each year.
ARTICLE 3. SHIPMENT OF WINE BY CONSUMER
SECTION 3.01. Chapter 107, Alcoholic Beverage Code, is
amended by adding Section 107.12 to read as follows:
Sec. 107.12. DIRECT SHIPMENT OF WINE. Notwithstanding Section
107.07, a person who purchases wine while at a winery located in
this state may ship or cause to be shipped the wine to the person's
residence if the winery verifies that the person purchasing the
wine is 21 years of age or older. The person must be present when
the wine is delivered to the person's residence.
ARTICLE 4. LOCAL OPTION ELECTION
SECTION 4.01. Section 251.11, Alcoholic Beverage Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Except as provided by Subsection (b) or (c), the
commissioners court, at its next regular session after the petition
is filed, shall order a local option election to be held on the
issue set out in the petition if the petition is filed with the
registrar of voters not later than 30 days after it is issued and
bears in the actual handwriting of the signers the following:
(1) the actual signatures of a number of qualified
voters of the political subdivision equal to 35 percent of the
registered voters in the subdivision;
(2) a notation showing the residence address of each
of the signers; and
(3) each signer's voter registration certificate
number.
(c) A petition for a local option election related to the
legal sale of wine on the premises of the holder of a winery permit
must have the actual signatures, residence addresses, and voter
registration certificate numbers of a number of qualified voters of
the political subdivision equal to 25 percent of the registered
voters in the subdivision who voted in the most recent general
election.
SECTION 4.02. Sections 251.14(b), (c), (d), and (e),
Alcoholic Beverage Code, are amended to read as follows:
(b) In areas where any type or classification of alcoholic
beverages is prohibited and the issue submitted pertains to
legalization of the sale of one or more of the prohibited types or
classifications, the ballot shall be prepared to permit voting for
or against one of the following issues:
(1) "The legal sale of beer for off-premise
consumption only."
(2) "The legal sale of beer."
(3) "The legal sale of beer and wine for off-premise
consumption only."
(4) "The legal sale of beer and wine."
(5) "The legal sale of all alcoholic beverages for
off-premise consumption only."
(6) "The legal sale of all alcoholic beverages except
mixed beverages."
(7) "The legal sale of all alcoholic beverages
including mixed beverages."
(8) "The legal sale of mixed beverages."
(9) "The legal sale of mixed beverages in restaurants
by food and beverage certificate holders only."
(10) "The legal sale of wine on the premises of a
holder of a winery permit."
(c) In areas where the sale of all alcoholic beverages
including mixed beverages has been legalized, the ballot shall be
prepared to permit voting for or against one of the following
issues in any prohibitory election:
(1) "The legal sale of beer for off-premise
consumption only."
(2) "The legal sale of beer."
(3) "The legal sale of beer and wine for off-premise
consumption only."
(4) "The legal sale of beer and wine."
(5) "The legal sale of all alcoholic beverages for
off-premise consumption only."
(6) "The legal sale of all alcoholic beverages except
mixed beverages."
(7) "The legal sale of all alcoholic beverages
including mixed beverages."
(8) "The legal sale of mixed beverages."
(9) "The legal sale of mixed beverages in restaurants
by food and beverage certificate holders only."
(10) "The legal sale of wine on the premises of a
holder of a winery permit."
(d) In areas where the sale of all alcoholic beverages
except mixed beverages has been legalized, the ballot shall be
prepared to permit voting for or against one of the following
issues in any prohibitory elections:
(1) "The legal sale of beer for off-premise
consumption only."
(2) "The legal sale of beer."
(3) "The legal sale of beer and wine for off-premise
consumption only."
(4) "The legal sale of beer and wine."
(5) "The legal sale of all alcoholic beverages for
off-premise consumption only."
(6) "The legal sale of all alcoholic beverages except
mixed beverages."
(7) "The legal sale of wine on the premises of a
holder of a winery permit."
(e) In areas where the sale of beverages containing alcohol
not in excess of 17 percent by volume has been legalized, and those
of higher alcoholic content are prohibited, the ballot shall be
prepared to permit voting for or against one of the following
issues in any prohibitory election:
(1) "The legal sale of beer for off-premise
consumption only."
(2) "The legal sale of beer."
(3) "The legal sale of beer and wine for off-premise
consumption only."
(4) "The legal sale of beer and wine."
(5) "The legal sale of wine on the premises of a
holder of a winery permit."
ARTICLE 5. EFFECTIVE DATE
SECTION 5.01. This Act takes effect September 1, 2001.