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 |
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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. |