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78R19388 AJA-D

Suspending limitations on conference committee

jurisdiction, H.B. No. 2593 (Homer/Estes)







By:  Homer                                            H.R. No. 1754


R E S O L U T I O N
	BE IT RESOLVED by the House of Representatives of the State of 
Texas, 78th Legislature, Regular Session, 2003, That House Rule 13, 
Section 9(a), be suspended in part as provided by House Rule 13, 
Section 9(f), to enable the conference committee appointed to 
resolve the differences on House Bill 2593, relating to winery 
permits, to consider and take action on the following matters:
	(1)  House Rule 13, Section 9(a)(1) is suspended to permit 
the committee to add "Except as provided by Section 16.011," to 
amended Section 16.01(a), Alcoholic Beverage Code.
	Explanation:  The language is necessary to clarify that there 
is an exception to a winery's authorized activities and to conform 
to language added by the bill relating to the authorized activities 
of a winery located in a dry area.
	(2)  House Rule 13, Sections 9(a)(1) and (2) are suspended to 
permit the committee to amend and omit text to Section 16.011, 
Alcoholic Beverage Code, as added by the bill, so that the section 
reads 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.
	Explanation:  The change is necessary to authorize wineries 
located in a dry area of the state to engage in the same activities, 
except for selling wine, as wineries located in wet areas of the 
state.
	(3)  House Rule 13, Sections 9(a)(1) and (2) are suspended to 
permit the committee to amend Section 4 of the bill, so that the 
section reads as follows:
	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.
	Explanation:  The change is necessary to conform the language 
to the language in the constitutional amendment that must be 
approved in order for the bill to take effect.