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This week's column continues the series outlining the proposed constitutional amendments on which Texas voters will decide on September 13. Please feel free to contact me if you have any questions on any of the constitutional amendments. You can view a document which explains the amendments along with arguments for and against each amendment at http://www.tlc.state.tx.us/research/pdf/analyses-sept13-condensed.pdf.
Amendment 11: "A constitutional amendment to allow the legislature to enact laws authorizing and governing the operation of wineries in this state."
This amendment would allow the legislature to authorize a properly permitted winery, whether located in a dry county or not, to manufacture and sell wine for consumption on or off the winery property and to conduct free wine tasting events. A winery could sell wine to an ultimate consumer only if the wine was manufactured in the state and derived at least 75 percent of its volume from the fermented juice of grapes or other fruit grown in the state.
Supporters of the change say that the Texas wine industry has a tremendous impact on the economy of the state, amounting to over $130 million per year. Yet, they say that the current confusing patchwork of state and local laws regulating the industry have caused the industry to not see its full potential. This amendment would clarify a winery's ability to operate in dry areas.
Opponents say that this amendment would override the preference of many local communities to prohibit the sale of alcoholic beverages within their boundaries. A community that wants to authorize only the sale of wine by a winery may already do so.
Amendment 12: "The constitutional amendment concerning civil lawsuits against doctors and health care providers, and other actions, authorizing the legislature to determine limitations on non-economic damages."
This constitutional amendment would authorize the legislature to determine the limit of liability for damages and losses, other than economic damages, in medical liability claims and other claims. The amendment would define "economic damages" as compensatory damages for any pecuniary loss or damage. Such damages would not include any loss or damage, however characterized, for past, present, and future physical pain and suffering, loss of consortium, loss of companionship and society, disfigurement, or physical impairment.
This amendment will be one of the most hotly debated propositions out of the 22 on the ballot. Voters should pay close attention the to the arguments on both sides of the issue.
You can contact me by writing to P.O. Box 2910, Austin, TX 78768-2910 or by e-mailing me at larry.phillips@house.state.tx.us.
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