C.S.H.J.R. 85 78(R)    BILL ANALYSIS


C.S.H.J.R. 85
By: Homer
Licensing & Administrative Procedures
Committee Report (Substituted)



BACKGROUND 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 would lead to increased tourism and a greater economic benefit for
the state.  

If approved by the voters, CSHJR 85 would allow Texas wineries to
manufacture and sell wine on the wineries' premises and dispense wine
without charge for tasting purposes. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

Adds a new subsection (d) to Section 20, Article XVI, Texas Constitution
which provides that a winery authorized to operate in Texas, regardless of
whether the winery is located in an area in which the possession or sale
of intoxicating liquors is restricted or prohibited, may manufacture and
sell wine for consumption on or off premisses or may dispense wine without
charge for tasting purposes, so long as the wine is manufactured in Texas
and contains at least 75 percent by volume juice from grapes or other
fruit grown in Texas. 

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 4, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in that it adds "manufacture" to
sales of consumption on or off the premisses of the winery.