86R6677 JAM-F
By: Campbell S.B. No. 1490
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain holders of a wine and beer
retailer's permit to manufacture and sell wine and engage in
certain related activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that:
(1) the state is authorized under the Twenty-first
Amendment of the United States Constitution to promote the public's
interest in the fair, efficient, and competitive marketing of wine
in this state;
(2) the Texas wine industry operates within the
traditional three-tier system of alcoholic beverage regulation
that has been recognized as unquestionably legitimate by the United
States Supreme Court in Granholm v. Heald, 544 U.S. 460 (2005);
(3) within the state statutes that are the basis of the
three-tier system there are occasional exceptions, some of which
have been in place for years, that do not undermine or compromise
the three-tier system of alcoholic beverage regulation or threaten
the welfare, health, peace, temperance, or safety of the people of
Texas;
(4) the Texas wine industry is a growing segment of the
Texas economy, expanding opportunities for grape growers, wine
makers, wine wholesalers, and wine retailers, while generating more
excise tax and sales tax revenue every year; and
(5) it is in the state's interest to encourage
entrepreneurial and small business development opportunities in
the state that will lead to new capital investment in the state,
create new jobs in the state, and expand the state and local tax
base.
SECTION 2. Chapter 25, Alcoholic Beverage Code, is amended
by adding Section 25.15 to read as follows:
Sec. 25.15. MANUFACTURE AND SALE OF WINE BY CERTAIN PERMIT
HOLDERS. (a) This section applies only to the holder of a wine and
beer retailer's permit whose premises is located in the territory
described by Section 3858.005, Special District Local Laws Code.
(b) Notwithstanding any other law, a holder of a permit
under this chapter may engage in any activity authorized under
Chapter 16 except that the permit holder may not:
(1) ship wine under Section 16.09 unless the wine is:
(A) bottled by the permit holder; and
(B) produced from grapes or other fruit grown in
this state; or
(2) sell wine to the holder of a winery permit or the
holder of any permit authorizing the retail sale of wine.
(c) The holder of a permit who engages in the activities
authorized under this section shall be considered a "retailer" for
purposes of Section 102.01.
SECTION 3. This Act takes effect September 1, 2019.