HBA-NRS H.B. 1948 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1948
By: Keel
Licensing & Administrative Procedures
7/7/19/2001
Enrolled



BACKGROUND AND PURPOSE 

In 1997, the Texas wine industry consisted of 27 wineries that produced
more than one million gallons of wine and a total economic impact of $104
million. While the largest producers within the Texas wine industry
typically sell most wine through wholesale distributors, the smaller
producers do not. Prior to the 77th Legislature, the preparation of a
ballot to permit voting for or against the legal sale of wine on the
premises of a holder of a winery permit was not allowed in certain dry
areas. House Bill 1948 authorizes local option elections in dry areas to
allow for the sale of wine by the holder of a winery permit. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1948 amends the Alcoholic Beverage Code to require the
preparation of a ballot permitting a vote for or against the legal sale of
wine on the premises of a holder of a winery permit in areas where any type
or classification of alcoholic beverages is prohibited and the issue
submitted pertains to legalization of the sale of one or more of the
prohibited types or classifications. The bill requires that a ballot to be
prepared to permit voting for or against the legal sale of wine on the
premises of a holder of a winery permit in areas where the sale of
beverages containing alcohol not in excess of 17 percent by volume has been
legalized, and those of higher alcoholic content are prohibited. The bill
provides that a petition for a local option election related to the
legalization of the sale of wine on the premises of a holder of a winery
permit must have the actual signatures, residence addresses, and voter
registration certificate numbers of a number of qualified voters of the
political subdivision equal to 25 percent of the registered voters in the
subdivision who voted in the most recent general election. 

EFFECTIVE DATE

September 1, 2001.