Bill Text: TX HB908 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the sale of certain containers of draft beer, malt liquor, and ale by certain alcoholic beverage retailers for off-premises consumption.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-21 - Referred to Licensing & Administrative Procedures [HB908 Detail]
Download: Texas-2017-HB908-Introduced.html
85R40 MCK-D | ||
By: Romero, Jr. | H.B. No. 908 |
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relating to the sale of certain containers of draft beer, malt | ||
liquor, and ale by certain alcoholic beverage retailers for | ||
off-premises consumption. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 25.01, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 25.01. AUTHORIZED ACTIVITIES. (a) The holder of a wine | ||
and beer retailer's permit may sell: | ||
(1) for consumption on or off the premises where sold, | ||
but not for resale, wine, beer, and malt liquors containing alcohol | ||
in excess of one-half of one percent by volume and not more than 17 | ||
percent by volume; and | ||
(2) for consumption on the premises traditional port | ||
or sherry containing alcohol in excess of one-half of one percent by | ||
volume and not more than 24 percent by volume. | ||
(b) The holder of a wine and beer retailer's permit may sell | ||
draft beer, malt liquor, or ale for off-premises consumption if the | ||
permittee places the beer, malt liquor, or ale in a container that | ||
is made of glass, ceramic, metal, or other material approved by the | ||
commission that is securely sealed. | ||
(c) The container described by Subsection (b) may be a | ||
reusable container or a single-use container that may not be | ||
resealed once opened. | ||
SECTION 2. Section 69.01, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 69.01. AUTHORIZED ACTIVITIES. (a) The holder of a | ||
retail dealer's on-premise license may sell beer in or from any | ||
lawful container to the ultimate consumer for consumption on or off | ||
the premises where sold. The licensee may not sell beer for resale. | ||
(b) The holder of a retail dealer's on-premise license may | ||
sell draft beer for off-premises consumption if the licensee places | ||
the beer in a container that is made of glass, ceramic, metal, or | ||
other material approved by the commission that is securely sealed. | ||
(c) The container described by Subsection (b) may be a | ||
reusable container or a single-use container that may not be | ||
resealed once opened. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |