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        |  | AN ACT | 
      
        |  | relating to the maximum capacity of a container of wine sold to a | 
      
        |  | retail dealer. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Section 101.45, Alcoholic Beverage Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 101.45.  CONTAINERS OF WINE:  MAXIMUM CAPACITY.  A [ No] | 
      
        |  | person may not sell wine to a retail dealer in a container | 
      
        |  | [ containers] with a capacity greater than eight [4.9] gallons. | 
      
        |  | SECTION 2.  (a)  The change in law made by this Act applies | 
      
        |  | only to an offense committed on or after the effective date of this | 
      
        |  | Act.  For purposes of this section, an offense is committed before | 
      
        |  | the effective date of this Act if any element of the offense occurs | 
      
        |  | before that date. | 
      
        |  | (b)  An offense committed before the effective date of this | 
      
        |  | Act is covered by the law in effect when the offense was committed, | 
      
        |  | and the former law is continued in effect for that purpose. | 
      
        |  | SECTION 3.  This Act takes effect immediately if it receives | 
      
        |  | a vote of two-thirds of all the members elected to each house, as | 
      
        |  | provided by Section 39, Article III, Texas Constitution.  If this | 
      
        |  | Act does not receive the vote necessary for immediate effect, this | 
      
        |  | Act takes effect September 1, 2011. | 
      
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        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
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        |  | I hereby certify that S.B. No. 351 passed the Senate on | 
      
        |  | March 24, 2011, by the following vote:  Yeas 31, Nays 0. | 
      
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        |  | 
      
        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
        |  | 
      
        |  | I hereby certify that S.B. No. 351 passed the House on | 
      
        |  | April 7, 2011, by the following vote:  Yeas 144, Nays 0, one | 
      
        |  | present not voting. | 
      
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        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
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        |  | Approved: | 
      
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        |  | ______________________________ | 
      
        |  | Date | 
      
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        |  | ______________________________ | 
      
        |  | Governor |