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A BILL TO BE ENTITLED
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AN ACT
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relating to the amount of wine certain wineries may sell directly to |
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consumers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 16.01, Alcoholic |
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Beverage Code, is amended to read as follows: |
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(a) Except as provided by Section 16.011, the holder of a |
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winery permit may: |
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(1) manufacture, bottle, label, and package wine |
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containing not more than 24 percent alcohol by volume; |
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(2) manufacture fruit brandy and: |
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(A) use that brandy on the winery permit holder's |
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permitted premises for fortifying purposes only; or |
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(B) sell that brandy to other winery permit |
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holders; |
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(3) import or buy fruit brandy from a permit holder |
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authorized to manufacture fruit brandy and use that brandy on the |
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winery permit holder's permitted premises for fortifying purposes |
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only; |
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(4) sell wine in this state to or buy wine from permit |
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holders authorized to purchase and sell wine, including holders of |
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wholesaler's permits, winery permits, and wine bottler's permits; |
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(5) sell wine to ultimate consumers: |
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(A) for consumption on the winery premises; or |
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(B) in unbroken packages for off-premises |
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consumption in an amount not to exceed 55,000 [35,000] gallons |
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annually; |
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(6) sell the wine outside this state to qualified |
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persons; |
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(7) blend wines; and |
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(8) dispense free wine for consumption on the winery |
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premises. |
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SECTION 2. Section 54.02, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 54.02. PROHIBITED ACTIVITIES. The holder of an |
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out-of-state winery direct shipper's permit may not: |
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(1) sell or ship wine to a minor; |
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(2) deliver wine to a consumer using a carrier that |
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does not hold a carrier's permit under this code; |
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(3) deliver to the same consumer in this state more |
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than nine gallons of wine within any calendar month or more than 36 |
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gallons of wine within any 12-month period; or |
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(4) sell to ultimate consumers more than 55,000 |
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[35,000] gallons of wine annually. |
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SECTION 3. This Act takes effect September 1, 2011. |