86R5037 BEE-D
 
  By: Kuempel H.B. No. 4233
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the labeling of wine as originating from this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 101, Alcoholic Beverage
  Code, is amended by adding Section 101.672 to read as follows:
         Sec. 101.672.  USE OF TEXAS APPELLATION OF ORIGIN. (a) A
  wine is entitled to an appellation of origin indicating the wine's
  origin is this state or a geographical subdivision of this state
  only if the wine is:
               (1)  100 percent by volume fermented juice of grapes or
  other fruit grown in this state or a lesser percentage established
  by the commissioner of agriculture under Section 12.039,
  Agriculture Code; and
               (2)  fully produced in this state.
         (b)  Notwithstanding Subsection (a)(1), a wine is entitled
  to an appellation of origin indicating the wine's origin is this
  state or a geographical subdivision of this state if the wine is:
               (1)  at least 75 percent by volume fermented juice of
  grapes or other fruit grown in this state in 2019 or a lesser
  percentage established by the commissioner of agriculture under
  Section 12.039, Agriculture Code;
               (2)  at least 80 percent by volume fermented juice of
  grapes or other fruit grown in this state in 2020 or a lesser
  percentage established by the commissioner of agriculture under
  Section 12.039, Agriculture Code;
               (3)  at least 85 percent by volume fermented juice of
  grapes or other fruit grown in this state in 2021 or a lesser
  percentage established by the commissioner of agriculture under
  Section 12.039, Agriculture Code; or
               (4)  at least 90 percent by volume fermented juice of
  grapes or other fruit grown in this state in 2022 or a lesser
  percentage established by the commissioner of agriculture under
  Section 12.039, Agriculture Code.
         SECTION 2.  Section 12.039(d), Agriculture Code, is amended
  to read as follows:
         (d)  The commissioner shall review the report and, if the
  commissioner determines that the quantity of a variety of grapes or
  other fruit grown in this state is insufficient for the wineries in
  this state to produce their projected production estimates during
  the following calendar year, the commissioner may reduce the
  percentage by volume of fermented juice of grapes or other fruit
  grown in this state that wine containing that particular variety of
  grape or other fruit must contain under Sections [Section] 16.011
  and 101.672, Alcoholic Beverage Code. A [The] percentage
  established under this subsection must ensure that the use of that
  variety of grape or other fruit grown in this state is maximized
  while allowing for the acquisition of grapes or other fruit grown
  outside of this state in a quantity sufficient to meet the needs of
  wineries in this state.
         SECTION 3.  The change in law made by this Act applies only
  to a wine labeled on or after the effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2019.