ALCOHOLIC BEVERAGE CODE

TITLE 4. REGULATORY AND PENAL PROVISIONS

CHAPTER 110. TEXAS WINE MARKETING ASSISTANCE PROGRAM IN DEPARTMENT OF AGRICULTURE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 110.001.  DEFINITIONS.  In this chapter:
(1)  "Commissioner" means the commissioner of agriculture.
(2)  "Program" means the Texas Wine Marketing Assistance Program.
Added by Acts 2001, 77th Leg., ch. 1001, Sec. 1.01, eff. Sept. 1, 2001.

Sec. 110.002.  PROGRAM ESTABLISHED.  (a)  The Texas Wine Marketing Assistance Program is established in the Department of Agriculture to assist the Texas wine industry in promoting and marketing Texas wines and educating the public about the Texas wine industry.
(b)  The commissioner shall adopt rules as necessary to implement the program.
Added by Acts 2001, 77th Leg., ch. 1001, Sec. 1.01, eff. Sept. 1, 2001.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 4.08, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 36, eff. September 1, 2021.

SUBCHAPTER B. TEXAS WINE MARKETING ASSISTANCE PROGRAM

Sec. 110.051.  PROMOTION, MARKETING, AND EDUCATION.  The program shall:
(1)  organize a network of package stores to participate in a program promoting wines produced in this state and to deliver wine to consumers under Section 110.053;
(2)  develop and maintain a database of wineries in this state and package stores that sell wines produced in this state that allows the program's staff to identify the winery in this state that produces a particular wine;
(3)  operate a toll-free telephone number to:
(A)  receive inquiries from persons who wish to purchase a particular wine produced in this state;
(B)  make information about the wineries in this state and the package stores participating in the program available to the public;  and
(C)  refer a person who wishes to purchase a Texas wine to the winery that produces the wine and inform the person of arrangements that the person can make under Section 110.053 to pick up the wine at a package store or have the wine delivered to the person's address;
(4)  use market research to develop a wine industry marketing plan to increase the consumption of and access to Texas wine;
(5)  educate the public about wines produced in the state by providing publicity about the information in the program's database to the public and making the information available to the public through the department's toll-free telephone number and electronically available through the Internet;
(6)  promote wineries in this state and package stores that participate in the program;  and
(7)  promote and market, and educate consumers about, the wines produced in this state using any other method the commissioner determines is appropriate.
Added by Acts 2001, 77th Leg., ch. 1001, Sec. 1.01, eff. Sept. 1, 2001.

Sec. 110.052.  PARTICIPATION OF PACKAGE STORES.  (a)  Participation in the program by a package store is voluntary.
(b)   The commissioner by rule may establish standards that a package store that participates in the program must meet.
Added by Acts 2001, 77th Leg., ch. 1001, Sec. 1.01, eff. Sept. 1, 2001.
Amended by: 
Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 4, eff. May 9, 2005.

Sec. 110.053.  SALE AND SHIPMENT OF WINE THROUGH PROGRAM.  (a)  A person who purchases wine from a winery in this state may ship the wine in accordance with:
(1)  Section 16.09; or
(2)  this section.
(b)  If a person who purchases wine from a winery in this state is not physically present at the winery, the winery may ship the wine to a package store that participates in the program.  On receipt of the wine, the package store shall notify the purchaser that the wine is available to be picked up by the purchaser at the package store or shipped to the purchaser by the package store.
(c)  A package store that participates in the program may charge a purchaser a handling fee of not more than $3.50 for each order of wine that the purchaser picks up at the package store.  The handling fee is not subject to state or local sales tax.
(d)  If a purchaser elects to have the package store ship the wine to the purchaser, the package store and the purchaser must agree on the shipping arrangements.
(e)  The package store may return a wine order to the winery if the purchaser does not pick up wine or make arrangements to have the wine shipped to the purchaser before the 30th day after the date the purchaser is notified under Subsection (b).  The winery shall accept return of the wine from the package store.
(f)  For the purposes of this code, a purchase of wine under this section is considered to have occurred on the premises of the winery.
(g)  A package store that ships wine under this section is not liable for the actions of the carrier that delivers the wine.
Added by Acts 2001, 77th Leg., ch. 1001, Sec. 1.01, eff. Sept. 1, 2001.
Amended by: 
Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 5, eff. May 9, 2005.

Sec. 110.054.  DELIVERY OF WINE IN A DRY AREA.  A package store that participates in the program may ship wine under Section 110.053 to a person who resides in a dry area if:
(1)  the delivery is made by the holder of a carrier permit;  and
(2)  the package is clearly labeled as requiring the signature of a person 21 years of age or older for delivery.
Added by Acts 2001, 77th Leg., ch. 1001, Sec. 1.01, eff. Sept. 1, 2001.

Sec. 110.055.  SHIPPING FORM.  The commission by rule shall adopt a standard invoice for shipping wine under Section 110.053 from a winery to a package store and from a package store to a purchaser that allows the commission to monitor the sale and delivery of wine through the program, including the amount of wine sold through the program and the payment of taxes on that wine.
Added by Acts 2001, 77th Leg., ch. 1001, Sec. 1.01, eff. Sept. 1, 2001.