88R6420 MPF-F
By: Muñoz, Jr. H.B. No. 3016
A BILL TO BE ENTITLED
AN ACT
relating to the amount of wine certain wineries may sell directly to
consumers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.01(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Except as provided by Section 16.011, the holder of a
winery permit may:
(1) manufacture, bottle, label, and package wine
containing not more than 24 percent alcohol by volume;
(2) manufacture fruit brandy and:
(A) use that brandy on the winery permit holder's
permitted premises for fortifying purposes only; or
(B) sell that brandy to other winery permit
holders;
(3) import or buy fruit brandy from a permit holder
authorized to manufacture fruit brandy and use that brandy on the
winery permit holder's permitted premises for fortifying purposes
only;
(4) sell wine in this state to or buy wine from permit
holders authorized to purchase and sell wine, including holders of
wholesaler's permits and winery permits;
(5) sell wine to ultimate consumers:
(A) for consumption on the winery premises; or
(B) in unbroken packages for off-premises
consumption [in an amount not to exceed 35,000 gallons annually];
(6) sell the wine outside this state to qualified
persons;
(7) blend wines;
(8) dispense free wine for consumption on the winery
premises; and
(9) purchase and import wine from the holder of a
nonresident seller's permit.
SECTION 2. Section 54.02, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 54.02. PROHIBITED ACTIVITIES. The holder of an
out-of-state winery direct shipper's permit may not:
(1) sell or ship wine to a minor;
(2) deliver wine to a consumer using a carrier that
does not hold a carrier's permit under this code; or
(3) deliver to the same consumer in this state more
than nine gallons of wine within any calendar month or more than 36
gallons of wine within any 12-month period[; or
[(4) sell to ultimate consumers more than 35,000
gallons of wine annually].
SECTION 3. This Act takes effect September 1, 2023.