SRC-TBR S.B. 1127 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1127
By: Brown, J. E. "Buster"
Business & Commerce
5/21/2001
Enrolled


DIGEST AND PURPOSE 

Current law restricts the sale of distilled spirits in containers of less
than six fluid ounces.  S.B. 1127 allows adults to purchase smaller
containers of distilled spirits in package stores. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 101.46, Alcoholic Beverage Code, as follows: 

(a) Provides that except as provided by Subsections (b), (c), and (d) of
this section, no person may import, sell, or possess with intent to sell
any liquor in a container with a capacity of less than 1.6, rather than
six, fluid ounces.  Requires a container of liquor offered for sale that
has a capacity of less than six fluid ounces to substantially conform to
the labeling requirements of the Bureau of Alcohol, Tobacco, and Firearms
for larger containers in which liquor is sold. Requires holders of
distillers or rectifier's permits wishing to sell liquor bottled in
containers of less than six fluid ounces to wholesalers to sell such
containers of liquor to wholesalers in units of unbroken, sealed cases.
Requires wholesalers to sell liquor bottled in containers of less than six
ounces to package stores in units of unbroken, sealed cases.  Requires
containers of liquor with a capacity of less than six fluid ounces offered
for sale in a package store to be sold in units of sealed packages
featuring multiple bottles of liquor. 

(d)  Provides that spirit coolers, as described by the definition of
"distilled spirits" in Section 1.04 of this code, may be sold in containers
with a capacity of less than 355 milliliters as well as in containers with
any other capacity authorized by this code for distilled spirits. 

SECTION 2.  Effective date: September 1, 2001.