By Hilderbran                                          H.B. No. 627
         77R3098 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to sale of wine by certain holders of a winery permit.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.   Section 16.05(b), Alcoholic Beverage Code, is
 1-5     amended to read as follows:
 1-6           (b)  If the premises are in a dry area, the permittee may
 1-7     sell wine in this state to:
 1-8                 (1)  permit holders authorized to sell wine to the
 1-9     ultimate consumer in unbroken packages for off-premises consumption
1-10     in an amount not to exceed 25,000 gallons annually;
1-11                 (2)  holders of wholesaler's permits, winery permits,
1-12     and wine bottler's permits; [and]
1-13                 (3)  ultimate consumers for consumption off winery
1-14     premises for seven consecutive days each year if:
1-15                       (A)  the winery is located in [:]
1-16                             [(i)]  a dry area in [; and]
1-17                             [(ii)]  a county that has:
1-18                             (i)  [with] a population of 15,000 or less
1-19     in which a majority of the area of the county is a dry area and in
1-20     which one municipality is in a wet area; or
1-21                             (ii)  [(iii)  a county that has] a
1-22     population of at least 20,000, but not more than 30,000, and that
1-23     borders the Red River and in which a majority of the area of the
1-24     county is a dry area;
 2-1                       (B)  the grapes used in manufacturing the wine
 2-2     are grown and harvested in the dry area;
 2-3                       (C)  the wine is manufactured, bottled, and sold
 2-4     on the winery premises; and
 2-5                       (D)  the holder of the permit, not later than the
 2-6     14th day before the date of the start of the seven-day period,
 2-7     notifies the commission of the winery's intention to sell wine
 2-8     under the authority of this subsection; and
 2-9                 (4)  ultimate consumers for consumption off winery
2-10     premises if:
2-11                       (A)  the winery is located in a dry area in a
2-12     county in which:
2-13                             (i)  the largest municipality has approved
2-14     the sale of liquor; and
2-15                             (ii)  the county commissioners court has
2-16     approved the sale of wine under this section;
2-17                       (B)  the grapes used in manufacturing the wine
2-18     are grown and harvested in this state;
2-19                       (C)  the wine is manufactured, bottled, and sold
2-20     on the winery premises; and
2-21                       (D)  the holder of the permit, not later than the
2-22     14th day before the date of the first sale, notifies the commission
2-23     of the winery's intention to sell wine under the authority of this
2-24     subsection.
2-25           SECTION 2.   This Act takes effect September 1, 2001.