1 | 1 | | 86R5037 BEE-D |
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2 | 2 | | By: Kuempel H.B. No. 4233 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the labeling of wine as originating from this state. |
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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. Subchapter D, Chapter 101, Alcoholic Beverage |
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10 | 10 | | Code, is amended by adding Section 101.672 to read as follows: |
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11 | 11 | | Sec. 101.672. USE OF TEXAS APPELLATION OF ORIGIN. (a) A |
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12 | 12 | | wine is entitled to an appellation of origin indicating the wine's |
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13 | 13 | | origin is this state or a geographical subdivision of this state |
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14 | 14 | | only if the wine is: |
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15 | 15 | | (1) 100 percent by volume fermented juice of grapes or |
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16 | 16 | | other fruit grown in this state or a lesser percentage established |
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17 | 17 | | by the commissioner of agriculture under Section 12.039, |
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18 | 18 | | Agriculture Code; and |
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19 | 19 | | (2) fully produced in this state. |
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20 | 20 | | (b) Notwithstanding Subsection (a)(1), a wine is entitled |
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21 | 21 | | to an appellation of origin indicating the wine's origin is this |
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22 | 22 | | state or a geographical subdivision of this state if the wine is: |
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23 | 23 | | (1) at least 75 percent by volume fermented juice of |
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24 | 24 | | grapes or other fruit grown in this state in 2019 or a lesser |
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25 | 25 | | percentage established by the commissioner of agriculture under |
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26 | 26 | | Section 12.039, Agriculture Code; |
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27 | 27 | | (2) at least 80 percent by volume fermented juice of |
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28 | 28 | | grapes or other fruit grown in this state in 2020 or a lesser |
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29 | 29 | | percentage established by the commissioner of agriculture under |
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30 | 30 | | Section 12.039, Agriculture Code; |
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31 | 31 | | (3) at least 85 percent by volume fermented juice of |
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32 | 32 | | grapes or other fruit grown in this state in 2021 or a lesser |
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33 | 33 | | percentage established by the commissioner of agriculture under |
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34 | 34 | | Section 12.039, Agriculture Code; or |
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35 | 35 | | (4) at least 90 percent by volume fermented juice of |
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36 | 36 | | grapes or other fruit grown in this state in 2022 or a lesser |
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37 | 37 | | percentage established by the commissioner of agriculture under |
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38 | 38 | | Section 12.039, Agriculture Code. |
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39 | 39 | | SECTION 2. Section 12.039(d), Agriculture Code, is amended |
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40 | 40 | | to read as follows: |
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41 | 41 | | (d) The commissioner shall review the report and, if the |
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42 | 42 | | commissioner determines that the quantity of a variety of grapes or |
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43 | 43 | | other fruit grown in this state is insufficient for the wineries in |
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44 | 44 | | this state to produce their projected production estimates during |
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45 | 45 | | the following calendar year, the commissioner may reduce the |
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46 | 46 | | percentage by volume of fermented juice of grapes or other fruit |
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47 | 47 | | grown in this state that wine containing that particular variety of |
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48 | 48 | | grape or other fruit must contain under Sections [Section] 16.011 |
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49 | 49 | | and 101.672, Alcoholic Beverage Code. A [The] percentage |
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50 | 50 | | established under this subsection must ensure that the use of that |
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51 | 51 | | variety of grape or other fruit grown in this state is maximized |
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52 | 52 | | while allowing for the acquisition of grapes or other fruit grown |
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53 | 53 | | outside of this state in a quantity sufficient to meet the needs of |
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54 | 54 | | wineries in this state. |
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55 | 55 | | SECTION 3. The change in law made by this Act applies only |
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56 | 56 | | to a wine labeled on or after the effective date of this Act. |
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57 | 57 | | SECTION 4. This Act takes effect September 1, 2019. |
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