| 1 | 1 | | 82R5211 MCK-F |
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| 2 | 2 | | By: Truitt H.B. No. 1366 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the amount of wine certain wineries may sell directly to |
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| 8 | 8 | | consumers. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 16.01(a), Alcoholic Beverage Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) Except as provided by Section 16.011, the holder of a |
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| 13 | 13 | | winery permit may: |
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| 14 | 14 | | (1) manufacture, bottle, label, and package wine |
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| 15 | 15 | | containing not more than 24 percent alcohol by volume; |
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| 16 | 16 | | (2) manufacture fruit brandy and: |
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| 17 | 17 | | (A) use that brandy on the winery permit holder's |
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| 18 | 18 | | permitted premises for fortifying purposes only; or |
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| 19 | 19 | | (B) sell that brandy to other winery permit |
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| 20 | 20 | | holders; |
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| 21 | 21 | | (3) import or buy fruit brandy from a permit holder |
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| 22 | 22 | | authorized to manufacture fruit brandy and use that brandy on the |
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| 23 | 23 | | winery permit holder's permitted premises for fortifying purposes |
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| 24 | 24 | | only; |
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| 25 | 25 | | (4) sell wine in this state to or buy wine from permit |
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| 26 | 26 | | holders authorized to purchase and sell wine, including holders of |
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| 27 | 27 | | wholesaler's permits, winery permits, and wine bottler's permits; |
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| 28 | 28 | | (5) 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 55,000 [35,000] gallons |
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| 32 | 32 | | annually; |
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| 33 | 33 | | (6) sell the wine outside this state to qualified |
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| 34 | 34 | | persons; |
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| 35 | 35 | | (7) blend wines; and |
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| 36 | 36 | | (8) dispense free wine for consumption on the winery |
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| 37 | 37 | | premises. |
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| 38 | 38 | | SECTION 2. Section 54.02, Alcoholic Beverage Code, is |
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| 39 | 39 | | amended to read as follows: |
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| 40 | 40 | | Sec. 54.02. PROHIBITED ACTIVITIES. The holder of an |
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| 41 | 41 | | out-of-state winery direct shipper's permit may not: |
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| 42 | 42 | | (1) sell or ship wine to a minor; |
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| 43 | 43 | | (2) deliver wine to a consumer using a carrier that |
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| 44 | 44 | | does not hold a carrier's permit under this code; |
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| 45 | 45 | | (3) deliver to the same consumer in this state more |
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| 46 | 46 | | than nine gallons of wine within any calendar month or more than 36 |
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| 47 | 47 | | gallons of wine within any 12-month period; or |
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| 48 | 48 | | (4) sell to ultimate consumers more than 55,000 |
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| 49 | 49 | | [35,000] gallons of wine annually. |
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| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2011. |
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