H.B. No. 2593
AN ACT
relating to winery permits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 16.01(a) and (c), Alcoholic Beverage
Code, are amended to read as follows:
(a) Except as provided by Section 16.011, the [The] holder
of a winery permit may:
(1) manufacture, bottle, label, and package wine
containing not more than 24 percent alcohol by volume;
(2) manufacture and import grape brandy for fortifying
purposes only and to be used only on his licensed premises;
(3) sell wine in this state to or buy wine from permit
holders authorized to purchase and sell wine, including holders of
wholesaler's permits, winery permits, and wine bottler's permits;
(4) sell wine to ultimate consumers:
(A) for consumption on the winery premises; or
(B) in unbroken packages for off-premises
consumption in an amount not to exceed 35,000 [25,000] gallons
annually;
(5) sell the wine outside this state to qualified
persons;
(6) blend wines; and
(7) dispense free wine for consumption on the winery
premises.
(c) The holder of a winery permit may conduct wine
samplings, including wine tastings at a retailer's premises. A
winery employee may open, touch, or pour wine, make a presentation,
or answer questions at a wine sampling. [A wine sampling may not be
held in a location where a wine sampling is otherwise prohibited by
law.]
SECTION 2. Chapter 16, Alcoholic Beverage Code, is amended
by adding Section 16.011 to read as follows:
Sec. 16.011. PREMISES IN DRY AREA. A winery permit may be
issued for premises in an area in which the sale of wine has not been
authorized by a local option election. A holder of a permit under
this section may engage in any activity authorized under Section
16.01 except that the permit holder may sell or dispense wine under
that section only if the wine is:
(1) manufactured in this state; and
(2) at least 75 percent by volume fermented juice of
grapes or other fruit grown in this state.
SECTION 3. Sections 16.01(d) and 16.05, Alcoholic Beverage
Code, are repealed.
SECTION 4. This Act takes effect on the date on which the
constitutional amendment proposed by the 78th Legislature, Regular
Session, 2003, authorizing the legislature to authorize and govern
the operation of wineries in this state takes effect. If that
amendment is not approved by the voters, this Act has no effect.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2593 was passed by the House on May 8,
2003, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2593 on May 29, 2003, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2593 on June 1, 2003, by a
non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2593 was passed by the Senate, with
amendments, on May 27, 2003, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 2593 on June 1, 2003, by
a viva-voce vote.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor