1-1 By: Brown S.B. No. 1127
1-2 (In the Senate - Filed March 6, 2001; March 7, 2001, read
1-3 first time and referred to Committee on Business and Commerce;
1-4 March 29, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; March 29, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1127 By: Carona
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the minimum size of a container of liquor.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 101.46, Alcoholic Beverage Code, is
1-13 amended to read as follows:
1-14 Sec. 101.46. CONTAINERS OF LIQUOR: MINIMUM CAPACITIES.
1-15 (a) Except as provided by Subsections (b), (c), and (d) of this
1-16 section, no person may import, sell, or possess with intent to sell
1-17 any liquor in a container with a capacity of less than 1.6 [six]
1-18 fluid ounces. A container of liquor offered for sale that has a
1-19 capacity of less than six fluid ounces must substantially conform
1-20 to the labeling requirements of the Bureau of Alcohol, Tobacco, and
1-21 Firearms for larger containers in which liquor is sold. Holders of
1-22 distiller's or rectifier's permits wishing to sell liquor bottled
1-23 in containers of less than six fluid ounces to wholesalers must
1-24 sell such containers of liquor to wholesalers in units of unbroken,
1-25 sealed cases. Wholesalers shall sell liquor bottled in containers
1-26 of less than six fluid ounces to package stores in units of
1-27 unbroken, sealed cases. Containers of liquor with a capacity of
1-28 less than six fluid ounces offered for sale in a package store must
1-29 be sold in units of sealed packages featuring multiple bottles of
1-30 liquor.
1-31 (b) Subsection (a) of this section does not apply to
1-32 permittees or licensees while engaged in supplying airline beverage
1-33 or mixed beverage permittees, nor to the possession or sale of
1-34 liquor by an airline beverage or mixed beverage permittee, but none
1-35 of the permittees or licensees covered by this subsection may
1-36 possess liquor in a container with a capacity of less than one
1-37 fluid ounce.
1-38 (c) Subsection (a) of this section does not apply to liquor
1-39 imported under Section 107.07 of this code.
1-40 (d) Spirit coolers, as described by the definition of
1-41 "distilled spirits" in Section 1.04 of this code, may be sold in
1-42 containers with a capacity of less than 355 milliliters as well as
1-43 in containers with any other capacity authorized by this code for
1-44 distilled spirits.
1-45 SECTION 2. This Act takes effect September 1, 2001.
1-46 * * * * *