By Burnam H.B. No. 2899 77R4948 AJA-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to sale of wine, beer, and malt liquor by certain 1-3 retailers. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 26.01, Alcoholic Beverage Code, is amended 1-6 to read as follows: 1-7 Sec. 26.01. AUTHORIZED ACTIVITIES; PROHIBITION. (a) The 1-8 holder of a wine and beer retailer's off-premise permit may sell 1-9 for off-premises consumption only, but not for resale, wine, beer, 1-10 and malt liquors containing alcohol in excess of one-half of one 1-11 percent by volume but not more than 17 percent by volume. 1-12 (b) The holder of a wine and beer retailer's off-premise 1-13 permit may not sell wine, beer, or malt liquor at a temperature 1-14 lower than 50 degrees Fahrenheit if the wine, beer, or malt liquor 1-15 is in a glass container that holds more than 30 ounces in volume. 1-16 SECTION 2. Section 71.01, Alcoholic Beverage Code, is amended 1-17 to read as follows: 1-18 Sec. 71.01. AUTHORIZED ACTIVITIES; PROHIBITION. (a) The 1-19 holder of a retail dealer's off-premise license may sell beer in 1-20 lawful containers to consumers, but not for resale and not to be 1-21 opened or consumed on or near the premises where sold. 1-22 (b) The holder of a retail dealer's off-premise license may 1-23 not sell wine, beer, or malt liquor at a temperature lower than 50 1-24 degrees Fahrenheit if the wine, beer, or malt liquor is in a glass 2-1 container that holds more than 30 ounces in volume. 2-2 SECTION 3. This Act takes effect September 1, 2001.