| 1 | 1 | | S.B. No. 529 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the sale and use of certain alcoholic beverages |
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| 6 | 6 | | manufactured by holders of a winery permit. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subsections (a) and (b), Section 16.01, |
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| 9 | 9 | | Alcoholic Beverage Code, are amended to read as follows: |
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| 10 | 10 | | (a) Except as provided by Section 16.011, the holder of a |
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| 11 | 11 | | winery permit may: |
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| 12 | 12 | | (1) manufacture, bottle, label, and package wine |
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| 13 | 13 | | containing not more than 24 percent alcohol by volume; |
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| 14 | 14 | | (2) manufacture fruit brandy and: |
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| 15 | 15 | | (A) use that brandy on the winery permit holder's |
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| 16 | 16 | | permitted premises for fortifying purposes only; or |
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| 17 | 17 | | (B) sell that brandy to other winery permit |
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| 18 | 18 | | holders; |
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| 19 | 19 | | (3) [and] import or buy fruit brandy from a permit |
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| 20 | 20 | | holder authorized to manufacture fruit [grape] brandy [for |
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| 21 | 21 | | fortifying purposes only] and use that brandy [to be used only] on |
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| 22 | 22 | | the winery permit holder's permitted [his licensed] premises for |
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| 23 | 23 | | fortifying purposes only; |
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| 24 | 24 | | (4) [(3)] sell wine in this state to or buy wine from |
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| 25 | 25 | | permit holders authorized to purchase and sell wine, including |
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| 26 | 26 | | holders of wholesaler's permits, winery permits, and wine bottler's |
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| 27 | 27 | | permits; |
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| 28 | 28 | | (5) [(4)] sell wine to ultimate consumers: |
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| 29 | 29 | | (A) for consumption on the winery premises; or |
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| 30 | 30 | | (B) in unbroken packages for off-premises |
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| 31 | 31 | | consumption in an amount not to exceed 35,000 gallons annually; |
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| 32 | 32 | | (6) [(5)] sell the wine outside this state to |
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| 33 | 33 | | qualified persons; |
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| 34 | 34 | | (7) [(6)] blend wines; and |
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| 35 | 35 | | (8) [(7)] dispense free wine for consumption on the |
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| 36 | 36 | | winery premises. |
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| 37 | 37 | | (b) The holder of a winery permit may manufacture and label |
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| 38 | 38 | | wine for an adult in an amount not to exceed 50 gallons annually for |
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| 39 | 39 | | the personal use of the adult. Any amount of wine produced under |
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| 40 | 40 | | this subsection is included in the annual total amount that may be |
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| 41 | 41 | | sold by the holder under Subsection (a)(5) [(a)(4) of this |
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| 42 | 42 | | section]. An adult for whom wine is manufactured and labeled under |
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| 43 | 43 | | this subsection is not required to hold a license or permit issued |
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| 44 | 44 | | under this code. |
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| 45 | 45 | | SECTION 2. This Act takes effect September 1, 2009. |
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| 46 | 46 | | ______________________________ ______________________________ |
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| 47 | 47 | | President of the Senate Speaker of the House |
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| 48 | 48 | | I hereby certify that S.B. No. 529 passed the Senate on |
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| 49 | 49 | | April 2, 2009, by the following vote: Yeas 31, Nays 0. |
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| 50 | 50 | | ______________________________ |
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| 51 | 51 | | Secretary of the Senate |
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| 52 | 52 | | I hereby certify that S.B. No. 529 passed the House on |
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| 53 | 53 | | May 19, 2009, by the following vote: Yeas 145, Nays 0, one |
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| 54 | 54 | | present not voting. |
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| 55 | 55 | | ______________________________ |
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| 56 | 56 | | Chief Clerk of the House |
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| 57 | 57 | | Approved: |
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| 58 | 58 | | ______________________________ |
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| 59 | 59 | | Date |
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| 60 | 60 | | ______________________________ |
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| 61 | 61 | | Governor |
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