By: Brown S.B. No. 1127
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the minimum size of a container of liquor.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 101.46, Alcoholic Beverage Code, is
1-5 amended to read as follows:
1-6 Sec. 101.46. CONTAINERS OF LIQUOR: MINIMUM CAPACITIES.
1-7 (a) Except as provided by Subsections (b), (c), and (d) of this
1-8 section, no person may import, sell, or possess with intent to sell
1-9 any liquor in a container with a capacity of less than 1.6 [six]
1-10 fluid ounces. A container of liquor offered for sale that has a
1-11 capacity of less than six fluid ounces must substantially conform
1-12 to the labeling requirements of the Bureau of Alcohol, Tobacco, and
1-13 Firearms for larger containers in which liquor is sold. Holders of
1-14 distiller's or rectifier's permits wishing to sell liquor bottled
1-15 in containers of less than six fluid ounces to wholesalers must
1-16 sell such containers of liquor to wholesalers in units of unbroken,
1-17 sealed cases. Wholesalers shall sell liquor bottled in containers
1-18 of less than six fluid ounces to package stores in units of
1-19 unbroken, sealed cases. Containers of liquor with a capacity of
1-20 less than six fluid ounces offered for sale in a package store must
1-21 be sold in units of sealed packages featuring multiple bottles of
1-22 liquor.
1-23 (b) Subsection (a) of this section does not apply to
1-24 permittees or licensees while engaged in supplying airline beverage
1-25 or mixed beverage permittees, nor to the possession or sale of
2-1 liquor by an airline beverage or mixed beverage permittee, but none
2-2 of the permittees or licensees covered by this subsection may
2-3 possess liquor in a container with a capacity of less than one
2-4 fluid ounce.
2-5 (c) Subsection (a) of this section does not apply to liquor
2-6 imported under Section 107.07 of this code.
2-7 (d) Spirit coolers, as described by the definition of
2-8 "distilled spirits" in Section 1.04 of this code, may be sold in
2-9 containers with a capacity of less than 355 milliliters as well as
2-10 in containers with any other capacity authorized by this code for
2-11 distilled spirits.
2-12 SECTION 2. This Act takes effect September 1, 2001.