| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the amount of wine certain wineries may sell directly to |
|
|
consumers. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 16.01(a), Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
(a) Except as provided by Section 16.011, the holder of a |
|
|
winery permit may: |
|
|
(1) manufacture, bottle, label, and package wine |
|
|
containing not more than 24 percent alcohol by volume; |
|
|
(2) manufacture fruit brandy and: |
|
|
(A) use that brandy on the winery permit holder's |
|
|
permitted premises for fortifying purposes only; or |
|
|
(B) sell that brandy to other winery permit |
|
|
holders; |
|
|
(3) import or buy fruit brandy from a permit holder |
|
|
authorized to manufacture fruit brandy and use that brandy on the |
|
|
winery permit holder's permitted premises for fortifying purposes |
|
|
only; |
|
|
(4) sell wine in this state to or buy wine from permit |
|
|
holders authorized to purchase and sell wine, including holders of |
|
|
wholesaler's permits, winery permits, and wine bottler's permits; |
|
|
(5) sell wine to ultimate consumers: |
|
|
(A) for consumption on the winery premises; or |
|
|
(B) in unbroken packages for off-premises |
|
|
consumption [in an amount not to exceed 35,000 gallons annually]; |
|
|
(6) sell the wine outside this state to qualified |
|
|
persons; |
|
|
(7) blend wines; |
|
|
(8) dispense free wine for consumption on the winery |
|
|
premises; and |
|
|
(9) purchase and import wine from the holder of a |
|
|
nonresident seller's permit. |
|
|
SECTION 2. Section 54.02, Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
Sec. 54.02. PROHIBITED ACTIVITIES. The holder of an |
|
|
out-of-state winery direct shipper's permit may not: |
|
|
(1) sell or ship wine to a minor; |
|
|
(2) deliver wine to a consumer using a carrier that |
|
|
does not hold a carrier's permit under this code; or |
|
|
(3) deliver to the same consumer in this state more |
|
|
than nine gallons of wine within any calendar month or more than 36 |
|
|
gallons of wine within any 12-month period[; or
|
|
|
[(4)
sell to ultimate consumers more than 35,000
|
|
|
gallons of wine annually]. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |