By:  Cook of Colorado (Senate Sponsor - Ogden)                    H.B. No. 1264
	(In the Senate - Received from the House April 14, 2003; 
April 15, 2003, read first time and referred to Committee on 
Business and Commerce; May 8, 2003, reported adversely, with 
favorable Committee Substitute by the following vote:  Yeas 8, Nays 
0; May 8, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 1264                                   By:  Jackson


A BILL TO BE ENTITLED

AN ACT


relating to the sale of wine by holders of a winery permit.                 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 16.01(d), Alcoholic Beverage Code, is 
amended to read as follows:
	(d)  The holder of a winery permit may sell wine to ultimate 
consumers for consumption on or off winery premises and dispense 
free wine for consumption on or off the winery premises [if the 
winery is located:
		[(1)  in a city that:                                        
			[(A)  is located in three or more counties, at 
least one of which has a population of 500,000 or more; and
			[(B)  has within its boundaries all or part of an 
international airport;
		[(2)  in a county that:                                      
			[(A)  has a population of 240,000 or more; and              
			[(B)  borders:                                              
				[(i)  the Gulf of Mexico; and                              
				[(ii)  a county that has within its 
boundaries all or part of an international airport; or
		[(3)  in a county that:                                      
			[(A)  has a population of 20,000 or more; and               
			[(B)  has within its boundaries all or part of 
three or more American viticultural areas, as recognized and 
defined by the United States Bureau of Alcohol, Tobacco and 
Firearms].
	SECTION 2.  This Act takes effect September 1, 2003.                           



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