88R4769 SCP-F     By: Goldman H.B. No. 4052       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)  This section does not apply to the holder of a winery   permit:                (1)  whose permit was issued:                      (A)  before March 7, 2023; or                      (B)  based on an application filed before March 7,   2023; and                (2)  who:                      (A)  on March 7, 2023, was not actively engaged in   the manufacture of wine; and                      (B)  on or before December 31, 2023, files an   affidavit with the commission attesting to the fact that the permit   holder:                            (i)  was not actively engaged in the   manufacture of wine on March 7, 2023; and                            (ii)  does not intend to actively engage in   the manufacture of wine in the future.          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, 2023.