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