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                                  * * * * *