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		By: Geren (Senate Sponsor - Seliger) | 
        H.B. No. 1039 | 
      
      
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               (In the Senate - Received from the House April 20, 2015;  | 
      
      
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        May 6, 2015, read first time and referred to Committee on Business  | 
      
      
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        and Commerce; May 22, 2015, reported favorably by the following  | 
      
      
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        vote:  Yeas 8, Nays 0; May 22, 2015, sent to printer.) | 
| Click here to see the committee vote | 
      
    
    
      
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          A BILL TO BE ENTITLED
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          AN ACT
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        relating to the sale by package stores of containers of liquor with  | 
      
      
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        a capacity of less than six fluid ounces. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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               SECTION 1.  Section 101.46(a), Alcoholic Beverage Code, is  | 
      
      
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        amended to read as follows: | 
      
      
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               (a)  Except as provided by Subsections (b), (c), and (d) [of 
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          this section], no person may import, sell, or possess with intent to  | 
      
      
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        sell any liquor in a container with a capacity of less than 20  | 
      
      
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        milliliters. A container of liquor offered for sale that has a  | 
      
      
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        capacity of less than six fluid ounces must substantially conform  | 
      
      
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        to the labeling requirements of the Bureau of Alcohol, Tobacco, and  | 
      
      
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        Firearms for larger containers in which liquor is sold.  Holders of  | 
      
      
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        distiller's or rectifier's permits wishing to sell liquor bottled  | 
      
      
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        in containers of less than six fluid ounces to wholesalers must sell  | 
      
      
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        such containers of liquor to wholesalers in units of unbroken,  | 
      
      
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        sealed cases.  Wholesalers shall sell liquor bottled in containers  | 
      
      
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        of less than six fluid ounces to package stores in units of  | 
      
      
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        unbroken, sealed cases.  [Containers of liquor with a capacity of 
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          less than six fluid ounces offered for sale in a package store must 
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          be sold in units of sealed packages featuring multiple bottles of 
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          liquor.] | 
      
      
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               SECTION 2.  This Act takes effect immediately if it receives  | 
      
      
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        a vote of two-thirds of all the members elected to each house, as  | 
      
      
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        provided by Section 39, Article III, Texas Constitution.  If this  | 
      
      
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        Act does not receive the vote necessary for immediate effect, this  | 
      
      
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        Act takes effect September 1, 2015. | 
      
      
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