Texas 2019 - 86th Regular

Texas House Bill HB4233 Compare Versions

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11 86R5037 BEE-D
22 By: Kuempel H.B. No. 4233
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the labeling of wine as originating from this state.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Subchapter D, Chapter 101, Alcoholic Beverage
1010 Code, is amended by adding Section 101.672 to read as follows:
1111 Sec. 101.672. USE OF TEXAS APPELLATION OF ORIGIN. (a) A
1212 wine is entitled to an appellation of origin indicating the wine's
1313 origin is this state or a geographical subdivision of this state
1414 only if the wine is:
1515 (1) 100 percent by volume fermented juice of grapes or
1616 other fruit grown in this state or a lesser percentage established
1717 by the commissioner of agriculture under Section 12.039,
1818 Agriculture Code; and
1919 (2) fully produced in this state.
2020 (b) Notwithstanding Subsection (a)(1), a wine is entitled
2121 to an appellation of origin indicating the wine's origin is this
2222 state or a geographical subdivision of this state if the wine is:
2323 (1) at least 75 percent by volume fermented juice of
2424 grapes or other fruit grown in this state in 2019 or a lesser
2525 percentage established by the commissioner of agriculture under
2626 Section 12.039, Agriculture Code;
2727 (2) at least 80 percent by volume fermented juice of
2828 grapes or other fruit grown in this state in 2020 or a lesser
2929 percentage established by the commissioner of agriculture under
3030 Section 12.039, Agriculture Code;
3131 (3) at least 85 percent by volume fermented juice of
3232 grapes or other fruit grown in this state in 2021 or a lesser
3333 percentage established by the commissioner of agriculture under
3434 Section 12.039, Agriculture Code; or
3535 (4) at least 90 percent by volume fermented juice of
3636 grapes or other fruit grown in this state in 2022 or a lesser
3737 percentage established by the commissioner of agriculture under
3838 Section 12.039, Agriculture Code.
3939 SECTION 2. Section 12.039(d), Agriculture Code, is amended
4040 to read as follows:
4141 (d) The commissioner shall review the report and, if the
4242 commissioner determines that the quantity of a variety of grapes or
4343 other fruit grown in this state is insufficient for the wineries in
4444 this state to produce their projected production estimates during
4545 the following calendar year, the commissioner may reduce the
4646 percentage by volume of fermented juice of grapes or other fruit
4747 grown in this state that wine containing that particular variety of
4848 grape or other fruit must contain under Sections [Section] 16.011
4949 and 101.672, Alcoholic Beverage Code. A [The] percentage
5050 established under this subsection must ensure that the use of that
5151 variety of grape or other fruit grown in this state is maximized
5252 while allowing for the acquisition of grapes or other fruit grown
5353 outside of this state in a quantity sufficient to meet the needs of
5454 wineries in this state.
5555 SECTION 3. The change in law made by this Act applies only
5656 to a wine labeled on or after the effective date of this Act.
5757 SECTION 4. This Act takes effect September 1, 2019.