SRC-AMY H.J.R. 85 78(R)   BILL ANALYSIS


Senate Research Center   H.J.R. 85
78R12225 AJA-DBy: Homer (Estes)
Business & Commerce
5/22/2003
Engrossed


DIGEST AND PURPOSE 

The growth of the Texas wine industry continues to have a positive effect
on the state's economy. Removing local restrictions on the dispensing of
wine may lead to increased tourism and a greater economic benefit for the
state. H.J.R. 85 requires the submission of a constitutional amendment to
allow Texas wineries to manufacture and sell wine on the wineries'
premises and dispense wine without charge for tasting purposes. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 20, Article XVI, Texas Constitution, by adding
Subsection (d),  to authorize a winery, notwithstanding Subsection (b) of
this section, authorized under general law to operate in this state,
regardless of whether the winery is located in an area in which the
possession or sale of intoxicating liquors is restricted or prohibited, to
manufacture wine and to sell wine for consumption on or off the winery
premises or to dispense wine without charge, for tasting purposes, for
consumption on the winery premises.  Authorizes a winery to sell wine to
an ultimate consumer only if the wine is manufactured in this state and at
least 75 percent of its volume is derived from fermented juice of grapes
or other fruit grown in this state. 

SECTION 2.  Requires this proposed constitutional amendment to be
submitted to the voters at an election to be held November 4, 2003.  Sets
forth the required content of the ballot.