Texas 2019 - 86th Regular

Texas House Bill HB4058 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R10414 JAM-F
2	2	By: Zwiener H.B. No. 4058
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of certain holders of a wine and beer
8	8	retailer's permit or mixed beverage permit to manufacture and sell
9	9	wine and engage in certain related activities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The legislature finds that:
12	12	(1) the state is authorized under the Twenty-first
13	13	Amendment of the United States Constitution to promote the public's
14	14	interest in the fair, efficient, and competitive marketing of wine
15	15	in this state;
16	16	(2) the Texas wine industry operates within the
17	17	traditional three-tier system of alcoholic beverage regulation
18	18	that has been recognized as unquestionably legitimate by the United
19	19	States Supreme Court in Granholm v. Heald, 544 U.S. 460 (2005);
20	20	(3) within the state statutes that are the basis of the
21	21	three-tier system there are occasional exceptions, some of which
22	22	have been in place for years, that do not undermine or compromise
23	23	the three-tier system of alcoholic beverage regulation or threaten
24	24	the welfare, health, peace, temperance, or safety of the people of
25	25	Texas;
26	26	(4) the Texas wine industry is a growing segment of the
27	27	Texas economy, expanding opportunities for grape growers,
28	28	winemakers, wine wholesalers, and wine retailers, while generating
29	29	more excise tax and sales tax revenue every year; and
30	30	(5) it is in the state's interest to encourage
31	31	entrepreneurial and small business development opportunities in
32	32	the state that will lead to new capital investment in the state,
33	33	create new jobs in the state, and expand the state and local tax
34	34	base.
35	35	SECTION 2. Chapter 25, Alcoholic Beverage Code, is amended
36	36	by adding Section 25.15 to read as follows:
37	37	Sec. 25.15. MANUFACTURE AND SALE OF WINE BY CERTAIN PERMIT
38	38	HOLDERS. (a) This section applies only to the holder of a wine and
39	39	beer retailer's permit whose premises is located in a county that:
40	40	(1) contains the Fredericksburg in the Texas Hill
41	41	Country American viticultural area;
42	42	(2) is located entirely in the Texas Hill Country
43	43	American viticultural area and:
44	44	(A) borders a county described by Subdivision
45	45	(1); and
46	46	(B) has a population of more than 5,000 and less
47	47	than 19,000; or
48	48	(3) contains a portion of the Texas Hill Country
49	49	American viticultural area and has a population of more than
50	50	150,000 and less than 400,000.
51	51	(b) The holder of a permit who engages in the activities
52	52	authorized under this section shall be considered a "retailer" for
53	53	purposes of Section 102.01.
54	54	SECTION 3. Chapter 28, Alcoholic Beverage Code, is amended
55	55	by adding Section 28.19 to read as follows:
56	56	Sec. 28.19. MANUFACTURE AND SALE OF WINE BY CERTAIN PERMIT
57	57	HOLDERS. (a) This section applies only to the holder of a mixed
58	58	beverage permit whose premises is located in a county that:
59	59	(1) contains the Fredericksburg in the Texas Hill
60	60	Country American viticultural area;
61	61	(2) is located entirely in the Texas Hill Country
62	62	American viticultural area and:
63	63	(A) borders a county described by Subdivision
64	64	(1); and
65	65	(B) has a population of more than 5,000 and less
66	66	than 19,000; or
67	67	(3) contains a portion of the Texas Hill Country
68	68	American viticultural area and has a population of more than
69	69	150,000 and less than 400,000.
70	70	(b) Notwithstanding any other law, a holder of a permit
71	71	under this chapter may engage in any activity authorized under
72	72	Chapter 16.
73	73	(c) The holder of a permit who engages in the activities
74	74	authorized under this section shall be considered a "retailer" for
75	75	purposes of Section 102.01.
76	76	SECTION 4. This Act takes effect September 1, 2019.