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.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1127 passed the Senate on
         April 5, 2001, by the following vote:  Yeas 30, Nays 0, one
         present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1127 passed the House on
         May 8, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor