By: Estes S.B. No. 538
(In the Senate - Filed January 26, 2009; February 17, 2009,
read first time and referred to Committee on Business and Commerce;
March 19, 2009, reported favorably by the following vote: Yeas 8,
Nays 0; March 19, 2009, sent to printer.)
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. Subsection (a), Section 16.01, 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 and import grape brandy for fortifying
purposes only and to be used only on his licensed premises;
(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;
(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 55,000 [35,000] gallons
annually;
(5) sell the wine outside this state to qualified
persons;
(6) blend wines; and
(7) dispense free wine for consumption on the winery
premises.
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;
(3) deliver more than three gallons of wine within any
30-day period to the same consumer in this state; or
(4) sell to ultimate consumers more than 55,000
[35,000] gallons of wine annually.
SECTION 3. This Act takes effect September 1, 2009.
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