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78R5738 AJA-D

By:  Homer                                                        H.B. No. 2593



A BILL TO BE ENTITLED

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)  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 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 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 a dry area.  A holder of a permit under this 
section may only sell or dispense wine that is:
		(1)  manufactured in this state; and                                   
		(2)  at least 75 percent by volume juice from grapes 
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Code, are repealed.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 passed by the 78th Legislature, Regular 
Session, 2003, that authorizes the holder of a winery permit to sell 
certain wine for consumption on and off the winery premises and to 
dispense certain wine free for consumption on the winery premises 
takes effect.  If that amendment is not approved by the voters, this 
Act has no effect.