By: Nelson S.B. No. 529
(In the Senate - Filed January 23, 2009; February 17, 2009,
read first time and referred to Committee on Business and Commerce;
March 18, 2009, reported favorably by the following vote: Yeas 5,
Nays 0; March 18, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the sale and use of certain alcoholic beverages
manufactured by holders of a winery permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a) and (b), Section 16.01,
Alcoholic Beverage Code, are 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) [and] import or buy fruit brandy from a permit
holder authorized to manufacture fruit [grape] brandy [for
fortifying purposes only] and use that brandy [to be used only] on
the winery permit holder's permitted [his licensed] premises for
fortifying purposes only;
(4) [(3)] 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) [(4)] 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) [(5)] sell the wine outside this state to
qualified persons;
(7) [(6)] blend wines; and
(8) [(7)] dispense free wine for consumption on the
winery premises.
(b) The holder of a winery permit may manufacture and label
wine for an adult in an amount not to exceed 50 gallons annually for
the personal use of the adult. Any amount of wine produced under
this subsection is included in the annual total amount that may be
sold by the holder under Subsection (a)(5) [(a)(4) of this
section]. An adult for whom wine is manufactured and labeled under
this subsection is not required to hold a license or permit issued
under this code.
SECTION 2. This Act takes effect September 1, 2009.
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