| 1 | 1 | | 89R10029 SCF-F |
|---|
| 2 | 2 | | By: King H.B. No. 3385 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the promotion and sale of wine produced in this state; |
|---|
| 10 | 10 | | creating a farm winery permit; authorizing a fee. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is |
|---|
| 13 | 13 | | amended by adding Chapter 17 to read as follows: |
|---|
| 14 | 14 | | CHAPTER 17. FARM WINERY PERMIT |
|---|
| 15 | 15 | | Sec. 17.001. DEFINITION. In this chapter, "Texas wine" |
|---|
| 16 | 16 | | means wine that is: |
|---|
| 17 | 17 | | (1) at least 75 percent by volume fermented juice of |
|---|
| 18 | 18 | | grapes or other fruit grown in this state or a lesser percentage |
|---|
| 19 | 19 | | established by the commissioner of agriculture under Section |
|---|
| 20 | 20 | | 12.039, Agriculture Code; and |
|---|
| 21 | 21 | | (2) bottled in this state. |
|---|
| 22 | 22 | | Sec. 17.002. QUALIFICATION FOR PERMIT. A farm winery |
|---|
| 23 | 23 | | permit may be issued only to the holder of a winery permit who |
|---|
| 24 | 24 | | produces Texas wine. |
|---|
| 25 | 25 | | Sec. 17.003. AUTHORIZED ACTIVITIES. In addition to the |
|---|
| 26 | 26 | | activities authorized for a winery permit holder under Chapter 16, |
|---|
| 27 | 27 | | the holder of a farm winery permit may: |
|---|
| 28 | 28 | | (1) operate up to five locations off of the winery |
|---|
| 29 | 29 | | premises where the permit holder may sell Texas wine to ultimate |
|---|
| 30 | 30 | | consumers for consumption on the location's premises; and |
|---|
| 31 | 31 | | (2) sell on the winery premises or at a location |
|---|
| 32 | 32 | | described by Subdivision (1) Texas wine to ultimate consumers in |
|---|
| 33 | 33 | | unbroken packages for consumption off the winery's or location's |
|---|
| 34 | 34 | | premises in an amount not to exceed 250,000 gallons annually. |
|---|
| 35 | 35 | | Sec. 17.004. SALES AT OFF-SITE LOCATION. (a) The |
|---|
| 36 | 36 | | commission shall adopt rules to implement Section 17.003, including |
|---|
| 37 | 37 | | rules that: |
|---|
| 38 | 38 | | (1) require the farm winery permit holder to notify |
|---|
| 39 | 39 | | the commission of each location operated by the permit holder under |
|---|
| 40 | 40 | | Section 17.003(1); |
|---|
| 41 | 41 | | (2) establish a procedure to verify the wet or dry |
|---|
| 42 | 42 | | status of each location described by Subdivision (1); and |
|---|
| 43 | 43 | | (3) require the farm winery permit holder to provide |
|---|
| 44 | 44 | | any other information the commission determines necessary. |
|---|
| 45 | 45 | | (b) The provisions of this code applicable to the sale of |
|---|
| 46 | 46 | | Texas wine on the permitted premises of the holder of a farm winery |
|---|
| 47 | 47 | | permit apply to the sale of Texas wine at a location authorized by |
|---|
| 48 | 48 | | Section 17.003(1). |
|---|
| 49 | 49 | | Sec. 17.005. PERMIT FEE. (a) The fee for a farm winery |
|---|
| 50 | 50 | | permit may not exceed $500 annually. |
|---|
| 51 | 51 | | (b) The comptroller shall deposit 50 percent of each permit |
|---|
| 52 | 52 | | fee collected under this chapter to the credit of the general |
|---|
| 53 | 53 | | revenue fund and remit 50 percent of the fee collected under this |
|---|
| 54 | 54 | | subchapter to the credit of the farm winery marketing assistance |
|---|
| 55 | 55 | | fund. |
|---|
| 56 | 56 | | SECTION 2. Chapter 110, Alcoholic Beverage Code, is amended |
|---|
| 57 | 57 | | by adding Subchapter C to read as follows: |
|---|
| 58 | 58 | | SUBCHAPTER C. FARM WINERY MARKETING ASSISTANCE FUND |
|---|
| 59 | 59 | | Sec. 110.101. FARM WINERY MARKETING ASSISTANCE FUND. (a) |
|---|
| 60 | 60 | | The farm winery marketing assistance fund is a dedicated account in |
|---|
| 61 | 61 | | the general revenue fund. |
|---|
| 62 | 62 | | (b) The fund consists of: |
|---|
| 63 | 63 | | (1) legislative appropriations to the Department of |
|---|
| 64 | 64 | | Agriculture for a purpose of the fund; |
|---|
| 65 | 65 | | (2) money from farm winery permit fees; |
|---|
| 66 | 66 | | (3) interest or other earnings on money credited to or |
|---|
| 67 | 67 | | allocable to the fund; and |
|---|
| 68 | 68 | | (4) gifts, grants, including grants from the federal |
|---|
| 69 | 69 | | government, and donations received for the fund. |
|---|
| 70 | 70 | | (c) The Department of Agriculture may use money in the fund |
|---|
| 71 | 71 | | only to promote and market farm wineries permitted under Chapter |
|---|
| 72 | 72 | | 17. |
|---|
| 73 | 73 | | SECTION 3. As soon as practicable after the effective date |
|---|
| 74 | 74 | | of this Act, the Texas Alcoholic Beverage Commission shall adopt |
|---|
| 75 | 75 | | rules necessary to implement the changes in law made by this Act. |
|---|
| 76 | 76 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 77 | 77 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 78 | 78 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 79 | 79 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 80 | 80 | | Act takes effect September 1, 2025. |
|---|