Bill Text: TX HB4058 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the authority of certain holders of a wine and beer retailer's permit or mixed beverage permit to manufacture and sell wine and engage in certain related activities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-21 - Referred to Licensing & Administrative Procedures [HB4058 Detail]

Download: Texas-2019-HB4058-Introduced.html
  86R10414 JAM-F
 
  By: Zwiener H.B. No. 4058
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of certain holders of a wine and beer
  retailer's permit or mixed beverage 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,
  winemakers, 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 a county that:
               (1)  contains the Fredericksburg in the Texas Hill
  Country American viticultural area;
               (2)  is located entirely in the Texas Hill Country
  American viticultural area and:
                     (A)  borders a county described by Subdivision
  (1); and
                     (B)  has a population of more than 5,000 and less
  than 19,000; or
               (3)  contains a portion of the Texas Hill Country
  American viticultural area and has a population of more than
  150,000 and less than 400,000.
         (b)  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.  Chapter 28, Alcoholic Beverage Code, is amended
  by adding Section 28.19 to read as follows:
         Sec. 28.19.  MANUFACTURE AND SALE OF WINE BY CERTAIN PERMIT
  HOLDERS. (a) This section applies only to the holder of a mixed
  beverage permit whose premises is located in a county that:
               (1)  contains the Fredericksburg in the Texas Hill
  Country American viticultural area;
               (2)  is located entirely in the Texas Hill Country
  American viticultural area and:
                     (A)  borders a county described by Subdivision
  (1); and
                     (B)  has a population of more than 5,000 and less
  than 19,000; or
               (3)  contains a portion of the Texas Hill Country
  American viticultural area and has a population of more than
  150,000 and less than 400,000.
         (b)  Notwithstanding any other law, a holder of a permit
  under this chapter may engage in any activity authorized under
  Chapter 16.
         (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 4.  This Act takes effect September 1, 2019.
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