Bill Text: TX HB3785 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the manufacture of wine by the holder of a winery permit.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-19 - Referred to Licensing & Administrative Procedures [HB3785 Detail]

Download: Texas-2019-HB3785-Introduced.html
 
 
  By: Goldman H.B. No. 3785
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the manufacture of wine by the holder of a winery
  permit.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 16, Alcoholic Beverage Code, is amended
  by adding Section 16.045 to read as follows:
         Sec. 16.045.  MANUFACTURING REQUIRED. (a)  The holder of a
  winery permit must be a bona fide winery actively engaged in the
  manufacture of wine.
         (b)  The commission shall adopt rules necessary to implement
  this section. Rules adopted under this section must provide:
               (1)  a reasonable amount of time after the issuance of a
  winery permit for the permit holder to begin manufacturing wine;
  and
               (2)  reasonable variances for crop failure or other
  impediments to manufacture that are beyond the permit holder's
  control.
         (c)  The holder of a winery permit which was applied for or
  issued on or before March 7, 2019 and who on that date was not
  actively engaged in the manufacture of wine may be grandfathered
  from this section by filing a sworn affidavit with the commission on
  or before December 31, 2019 stating those facts and stating that it
  does not intend to actively engage in the manufacture of wine in the
  future. This section shall not apply to a winery permit which timely
  files such an affidavit with the commission.
         SECTION 2.  (a)  Section 16.045(a), Alcoholic Beverage Code,
  as added by this Act, takes effect on the effective date of the
  rules adopted by the Texas Alcoholic Beverage Commission under
  Section 16.045(b), Alcoholic Beverage Code, as added by this Act.
         (b) Rules adopted under Section 16.045(b), Alcoholic
  Beverage Code, as added by this Act, must provide a reasonable
  amount of time after the effective date of the rules for a holder of
  a winery permit issued before the effective date of the rules to
  begin manufacturing wine and otherwise come into compliance with
  the rules.
         SECTION 3.  This Act takes effect September 1, 2019.
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