Bill Text: TX SB411 | 2011-2012 | 82nd Legislature | Engrossed

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Bill Title: Relating to the amount of wine certain wineries may sell directly to consumers.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2011-05-23 - Committee report distributed [SB411 Detail]

Download: Texas-2011-SB411-Engrossed.html

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By: Estes S.B. No. 411

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. Subsection (a), Section 16.01, 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, winery permits, and wine bottler's 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 55,000 [35,000] gallons
annually;
(6) sell the wine outside this state to qualified
persons;
(7) blend wines; and
(8) dispense free wine for consumption on the winery
premises.
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;
(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 55,000
[35,000] gallons of wine annually.
SECTION 3. This Act takes effect September 1, 2011.