BILL ANALYSIS
Senate Research Center S.B. 571
By: Madla et al.
AUTHOR'S/SPONSOR'S STATEMENT OF INTENT
There are no operating hours established in statute specifically for wineries. The lack of specific sales, delivery, and consumption hours for Texas wineries which coincide with winery tourism prevents wineries from fully capitalizing on marketing opportunities and impedes the growth of the wine industry. Both the winery and the state forfeit revenue if a winery is prohibited from transacting a sale or being the site of a function because the hours of operation do not coincide with tourism and other activities.
Currently, Section 105.01, Alcoholic Beverage Code, authorizes operations and sales only between 9:00 a.m. and 9:00 p.m. and prohibits sales on New Year's Day, Thanksgiving Day, Christmas Day, and Sundays.
S.B. 571 exempts Texas wineries from the general hours specified by Section 105.01, Alcoholic Beverage Code, and creates a new Section 105.08, Alcoholic Beverage Code, to delineate the hours for sale, consumption, and delivery of wine at a winery to be between 8:00 a.m. and midnight on any day except Sunday and between 10:00 a.m. and midnight on Sunday.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 105.01(a), Alcoholic Beverage Code, as follows:
(a) Includes Section 105.08 as providing an exception to the prohibitions stated in this subsection. Makes a nonsubstantive change.
SECTION 2. Amends Chapter 105, Alcoholic Beverage Code, by adding Section 105.08, as follows:
Sec. 105.08. HOURS OF SALE AND CONSUMPTION: WINERY. Authorizes the holder of a winery permit to sell, offer for sale, and deliver wine, and authorizes a person to consume wine on the premises of a winery at certain times.
SECTION 3. Effective date: upon passage or September 1, 2005.