| 1 | 1 | | By: Goldman H.B. No. 3785 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the manufacture of wine by the holder of a winery |
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| 7 | 7 | | permit. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 16, Alcoholic Beverage Code, is amended |
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| 10 | 10 | | by adding Section 16.045 to read as follows: |
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| 11 | 11 | | Sec. 16.045. MANUFACTURING REQUIRED. (a) The holder of a |
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| 12 | 12 | | winery permit must be a bona fide winery actively engaged in the |
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| 13 | 13 | | manufacture of wine. |
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| 14 | 14 | | (b) The commission shall adopt rules necessary to implement |
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| 15 | 15 | | this section. Rules adopted under this section must provide: |
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| 16 | 16 | | (1) a reasonable amount of time after the issuance of a |
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| 17 | 17 | | winery permit for the permit holder to begin manufacturing wine; |
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| 18 | 18 | | and |
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| 19 | 19 | | (2) reasonable variances for crop failure or other |
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| 20 | 20 | | impediments to manufacture that are beyond the permit holder's |
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| 21 | 21 | | control. |
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| 22 | 22 | | (c) The holder of a winery permit which was applied for or |
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| 23 | 23 | | issued on or before March 7, 2019 and who on that date was not |
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| 24 | 24 | | actively engaged in the manufacture of wine may be grandfathered |
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| 25 | 25 | | from this section by filing a sworn affidavit with the commission on |
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| 26 | 26 | | or before December 31, 2019 stating those facts and stating that it |
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| 27 | 27 | | does not intend to actively engage in the manufacture of wine in the |
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| 28 | 28 | | future. This section shall not apply to a winery permit which timely |
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| 29 | 29 | | files such an affidavit with the commission. |
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| 30 | 30 | | SECTION 2. (a) Section 16.045(a), Alcoholic Beverage Code, |
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| 31 | 31 | | as added by this Act, takes effect on the effective date of the |
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| 32 | 32 | | rules adopted by the Texas Alcoholic Beverage Commission under |
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| 33 | 33 | | Section 16.045(b), Alcoholic Beverage Code, as added by this Act. |
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| 34 | 34 | | (b) Rules adopted under Section 16.045(b), Alcoholic |
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| 35 | 35 | | Beverage Code, as added by this Act, must provide a reasonable |
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| 36 | 36 | | amount of time after the effective date of the rules for a holder of |
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| 37 | 37 | | a winery permit issued before the effective date of the rules to |
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| 38 | 38 | | begin manufacturing wine and otherwise come into compliance with |
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| 39 | 39 | | the rules. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2019. |
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