78R4915 MCK-D

By:  Goolsby                                                      H.B. No. 2156



A BILL TO BE ENTITLED

AN ACT

relating to the size of containers for certain alcoholic beverages.           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 101.46(a), Alcoholic Beverage Code, is 
amended to read as follows:
	(a)  Except as provided by Subsections (b), (c), and (d) of 
this section, no person may import, sell, or possess with intent to 
sell any liquor in a container with a capacity of less than 20 
milliliters [1.6 fluid ounces].  A container of liquor offered for 
sale that has a capacity of less than six fluid ounces must 
substantially conform to the labeling requirements of the Bureau of 
Alcohol, Tobacco, and Firearms for larger containers in which 
liquor is sold.  Holders of distiller's or rectifier's permits 
wishing to sell liquor bottled in containers of less than six fluid 
ounces to wholesalers must sell such containers of liquor to 
wholesalers in units of unbroken, sealed cases.  Wholesalers shall 
sell liquor bottled in containers of less than six fluid ounces to 
package stores in units of unbroken, sealed cases.  Containers of 
liquor with a capacity of less than six fluid ounces offered for 
sale in a package store must be sold in units of sealed packages 
featuring multiple bottles of liquor.
	SECTION 2.  Section 101.47, Alcoholic Beverage Code, is 
amended to read as follows:
	Sec. 101.47.  CARRIER MAY TRANSPORT LIQUOR IN SMALL 
CONTAINERS.  The commission may authorize a common carrier of 
persons engaged in interstate commerce to transport liquor in 
containers of less than 20 milliliters [six fluid ounces] if the 
liquor is not for sale, use, or consumption in the state.
	SECTION 3.  This Act takes effect September 1, 2003.