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.