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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of certain containers of draft beer, malt |
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liquor, and ale by certain alcoholic beverage retailers for |
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off-premises consumption. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.01, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 25.01. AUTHORIZED ACTIVITIES. (a) The holder of a wine |
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and beer retailer's permit may sell: |
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(1) for consumption on or off the premises where sold, |
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but not for resale, wine, beer, and malt liquors containing alcohol |
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in excess of one-half of one percent by volume and not more than 17 |
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percent by volume; and |
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(2) for consumption on the premises traditional port |
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or sherry containing alcohol in excess of one-half of one percent by |
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volume and not more than 24 percent by volume. |
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(b) The holder of a wine and beer retailer's permit may sell |
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draft beer, malt liquor, or ale for off-premises consumption if the |
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permittee places the beer, malt liquor, or ale in a container that |
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is made of glass, ceramic, metal, or other material approved by the |
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commission that is securely sealed. |
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(c) The container described by Subsection (b) may be a |
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reusable container or a single-use container that may not be |
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resealed once opened. |
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SECTION 2. Section 69.01, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 69.01. AUTHORIZED ACTIVITIES. (a) The holder of a |
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retail dealer's on-premise license may sell beer in or from any |
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lawful container to the ultimate consumer for consumption on or off |
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the premises where sold. The licensee may not sell beer for resale. |
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(b) The holder of a retail dealer's on-premise license may |
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sell draft beer for off-premises consumption if the licensee places |
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the beer in a container that is made of glass, ceramic, metal, or |
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other material approved by the commission that is securely sealed. |
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(c) The container described by Subsection (b) may be a |
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reusable container or a single-use container that may not be |
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resealed once opened. |
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SECTION 3. 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, 2017. |