77R6470 AJA-D
By Swinford, Green, et al. H.B. No. 892
Substitute the following for H.B. No. 892:
By Wise C.S.H.B. No. 892
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to sale of certain agricultural products produced by
1-3 wineries.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 16.01, Alcoholic Beverage Code, is
1-6 amended by adding Subsection (f) to read as follows:
1-7 (f) The holder of a winery permit may sell and ship up to
1-8 two cases of wine in a 30-day period to an ultimate consumer at an
1-9 address in this state. A shipment made under this subsection must
1-10 be made using a carrier that holds a permit under this code.
1-11 SECTION 2. Section 16.05(b), Alcoholic Beverage Code, is
1-12 amended to read as follows:
1-13 (b) If the premises are in a dry area, the permittee may:
1-14 (1) sell wine in this state to:
1-15 (A) [(1)] permit holders authorized to sell wine
1-16 to the ultimate consumer in unbroken packages for off-premises
1-17 consumption in an amount not to exceed 25,000 gallons annually;
1-18 (B) [(2)] holders of wholesaler's permits,
1-19 winery permits, and wine bottler's permits; and
1-20 (C) [(3)] ultimate consumers in unbroken
1-21 packages for consumption off winery premises in an amount not to
1-22 exceed 25,000 gallons annually; and
1-23 (2) sell and ship wine to an ultimate consumer in
1-24 compliance with Section 16.01(f) [for seven consecutive days each
2-1 year if:]
2-2 [(A) the winery is located in:]
2-3 [(i) a dry area; and]
2-4 [(ii) a county with a population of 15,000
2-5 or less in which a majority of the area of the county is a dry area
2-6 and in which one municipality is in a wet area; or]
2-7 [(iii) a county that has a population of
2-8 at least 20,000, but not more than 30,000, and that borders the Red
2-9 River and in which a majority of the area of the county is a dry
2-10 area;]
2-11 [(B) the grapes used in manufacturing the wine
2-12 are grown and harvested in the dry area;]
2-13 [(C) the wine is manufactured, bottled, and sold
2-14 on the winery premises; and]
2-15 [(D) the holder of the permit, not later than
2-16 the 14th day before the date of the start of the seven-day period,
2-17 notifies the commission of the winery's intention to sell wine
2-18 under the authority of this subsection].
2-19 SECTION 3. Chapter 16, Alcoholic Beverage Code, is amended
2-20 by adding Section 16.08 to read as follows:
2-21 Sec. 16.08. SHIPMENT AND DELIVERY OF WINE TO ULTIMATE
2-22 CONSUMER. (a) Notwithstanding any other law, a carrier who
2-23 delivers wine shipped under this chapter may deliver the wine to an
2-24 address in a dry area.
2-25 (b) The commission shall adopt rules to ensure that wine
2-26 shipped under this chapter is:
2-27 (1) clearly labeled as an alcoholic beverage; and
3-1 (2) delivered only to a person who is 21 years of age
3-2 or older.
3-3 SECTION 4. This Act takes effect September 1, 2001, and
3-4 applies only to the sale of wine on or after that date. The sale
3-5 of wine before September 1, 2001, is governed by the law in effect
3-6 on the date the wine was sold, and the former law is continued in
3-7 effect for that purpose.