79R9506 T

By:  Geren                                                        H.B. No. 2951



A BILL TO BE ENTITLED

AN ACT

relating to dessert wines.                                                    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 26.01, Alcoholic Beverage Code, is 
amended to read as follows:
	The holder of a wine and beer retailers off-premise permit 
may sell for off-premise consumption only, but not for resale, 
wine, beer and malt liquors containing alcohol in excess of 
one-half percent by volume and [but] not more than 17 percent by 
volume other than dessert wines.
	SECTION 2.  Section 25.01, Alcoholic Beverage Code, is 
amended to read as follows:
	The holder of a wine and beer retailer's permit may sell:                      
		(1)  for consumption on or off the premises where sold, 
but not for resale, wine, beer, and malt liquors containing alcohol 
in excess of one-half of one percent by volume and not more than 17 
percent by volume, other than dessert wines; and
		(2)  for consumption on the premises traditional port 
or sherry containing alcohol in excess of one-half of one percent by 
volume and not more than 24 percent by volume.
	SECTION 3.  Section 25.09, Alcoholic Beverage Code, is 
amended to read as follows:
	No wine and beer retailer's permittee, nor officer of the 
permittee, may possess distilled spirits or liquor containing 
alcohol in excess of 17 percent by volume on the licensed premises, 
other than dessert wines.
	SECTION 4.  Sections 251.14(a) and (e), Alcoholic Beverage 
Code, are amended to read as follows:
	(a)  In the ballot issues prescribed in this section, wine is 
limited to vinous beverages that do not contain more than 17 percent 
alcohol by volume other than dessert wines, and includes malt 
beverages that do not exceed that alcohol content.  For local option 
purposes, those beverages, sold and dispensed to the public in 
unbroken, sealed containers, are a separate and distinct type of 
alcoholic beverage.
	(e)  In areas where the sale of beverages containing alcohol 
not in excess of 17 percent by volume, other than dessert wines, has 
been legalized, and those of higher alcoholic content, other than 
dessert wines, are prohibited, the ballot shall be prepared to 
permit voting for or against one of the following issues in any 
prohibitory election:
	SECTION 5.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.