HBA-CMT S.B. 1127 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1127
By: Brown, J. E. "Buster"
Licensing & Administrative Procedures
4/17/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, the Texas Alcoholic Beverage Code permits the sale of distilled
spirits in containers of less than six fluid ounces provided the sale is
made to the holder of an airline beverage permit or a mixed beverage permit
holder. Package stores, however, are not authorized to sell distilled
spirits in containers of less than six fluid ounces.  Senate Bill 1127
authorizes the retail sale of distilled spirits in 1.6 fluid ounce
containers. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 1127 amends the Alcoholic Beverage Code to prohibit any person
from importing, selling, or possessing with the intent to sell any liquor
in a container with a capacity of less than 1.6 rather than six fluid
ounces.  The bill provides that a container of liquor offered for sale that
has a capacity of six fluid ounces must substantially conform to the
labeling requirements of the Bureau of Alcohol, Tobacco, and Firearms for
the larger containers in which liquor is sold.  The bill sets forth
provisions for the packaging of liquor for sale that is bottled in
containers of less than six fluid ounces.   

The bill authorizes spirit coolers as described in the definition of
"distilled spirits" to be sold in containers with a capacity of less than
355 milliliters. 

EFFECTIVE DATE

September 1, 2001.