By: Goolsby (Senate Sponsor - Carona) H.B. No. 2156
(In the Senate - Received from the House April 28, 2003;
May 1, 2003, read first time and referred to Committee on Business
and Commerce; May 23, 2003, reported favorably by the following
vote: Yeas 8, Nays 0, 1 present not voting; May 23, 2003, sent to
printer.)
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.
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