By:  Brown                                            S.B. No. 1127
         2001S0714/1                            
                                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.
1-14           (b)  Subsection (a) of this section does not apply to
1-15     permittees or licensees while engaged in supplying airline beverage
1-16     or mixed beverage permittees, nor to the possession or sale of
1-17     liquor by an airline beverage or mixed beverage permittee, but none
1-18     of the permittees or licensees covered by this subsection may
1-19     possess liquor in a container with a capacity of less than one
1-20     fluid ounce.
1-21           (c)  Subsection (a) of this section does not apply to liquor
1-22     imported under Section 107.07 of this code.
1-23           (d)  Spirit coolers, as described by the definition of
1-24     "distilled spirits" in Section 1.04 of this code, may be sold in
1-25     containers with a capacity of less than 355 milliliters as well as
 2-1     in containers with any other capacity authorized by this code for
 2-2     distilled spirits.
 2-3           SECTION 2.  This Act takes effect September 1, 2001.