By: Estes, Burton, Huffines S.B. No. 326
(In the Senate - Filed January 21, 2015; February 2, 2015,
read first time and referred to Committee on Business and Commerce;
April 23, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 1; April 23, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 326 By: Watson
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. Section 16.01(a), 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 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) import or buy fruit brandy from a permit holder
authorized to manufacture fruit brandy and use that brandy on the
winery permit holder's permitted premises for fortifying purposes
only;
(4) 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) sell wine to ultimate consumers[:
[(A)] for consumption on the winery premises;
(6) sell wine manufactured or bottled by the winery
permit holder to ultimate consumers in unbroken packages for
off-premises consumption in an amount not to exceed 155,000 gallons
annually;
(7) sell wine that is not manufactured or bottled by
the winery permit holder to ultimate consumers [or
[(B)] in unbroken packages for off-premises
consumption in an amount not to exceed 25,000 [35,000] gallons
annually;
(8) [(6)] sell the wine outside this state to
qualified persons;
(9) [(7)] blend wines;
(10) [(8)] dispense free wine for consumption on the
winery premises; and
(11) [(9)] purchase and import wine from the holder
of a nonresident seller's permit.
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 to the same consumer in this state more
than nine gallons of wine within any calendar month or more than 36
gallons of wine within any 12-month period; or
(4) sell to ultimate consumers more than 155,000
[35,000] gallons of wine annually.
SECTION 3. This Act takes effect September 1, 2015.
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