85R40 MCK-D
 
  By: Romero, Jr. H.B. No. 908
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.