BILL ANALYSIS

H.B. 2278

By: Capriglione

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In July 2024, a federal court ruled the federal ban on home distilling unconstitutional in Hobby Distillers Association v. Alcohol and Tobacco Tax and Trade Bureau. Although home brewing of beer and wine is permitted in Texas, the production of distilled spirits at home remains illegal. H.B. 2278 seeks to address this inconsistency by legalizing the home production of liquor, thereby providing hobbyists with the same rights as those who produce beer and wine at home. The bill also includes honey among the substances that may be used to produce a home-produced alcoholic beverage.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2278 amends the Alcoholic Beverage Code to include liquor among the alcoholic beverages that the head of a family or an unmarried adult may produce not more 200 gallons per year for the person's or family's use without a license or permit. Accordingly, the bill includes such home-produced liquor among the home-produced alcoholic beverages whose possession is not an offense if the person making it complies with all provisions relating to the home production of wine, malt beverages, or liquor. The bill removes from that exception the condition that the wine or malt beverages are not distilled, fortified, or otherwise altered to increase their alcohol content. The bill also includes honey among the substances whose normal alcoholic fermentation to produce wine qualifies the wine as a home-produced beverage under provisions relating to the home production of wine, malt beverages, or liquor.

EFFECTIVE DATE

September 1, 2025.