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.