78R19386 AJA-D
Suspending limitations on conference committee
jurisdiction, H.B. No. 2593
By: Estes S.R. No. 1031
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 78th
Legislature, Regular Session, 2003, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 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) Senate Rule 12.03(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) Senate Rules 12.03(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) Senate Rules 12.03(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.