HBA-CMT H.B. 2346 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2346
By: Yarbrough
Licensing & Administrative Procedures
3/22/2001
Introduced



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.  House Bill 2346
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

House Bill 2346 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 authorizes spirit coolers, as described in the definition of
"distilled spirits," to be sold in containers with a capacity of less than
355 milliliters as well as in containers with any other capacity authorized
by the Alcoholic Beverage Code for distilled spirits. 

EFFECTIVE DATE

September 1, 2001.