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.