BILL ANALYSIS Senate Research Center S.B. 351 82R3022 MCK-D By: Williams Business & Commerce 2/18/2011 As Filed BILL ANALYSIS Senate Research Center S.B. 351 82R3022 MCK-D By: Williams Business & Commerce 2/18/2011 As Filed Senate Research Center S.B. 351 82R3022 MCK-D By: Williams Business & Commerce 2/18/2011 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently, Section 101.45 of the Alcoholic Beverage Code states that no person may sell wine to a retail dealer in containers with a capacity greater than 4.9 gallons. S.B. 351 would amend the statute and increase the limit to eight gallons. This would allow certain businesses in Texas to provide vinous liquor by the keg to restaurants and other vendors. As proposed, S.B. 351 amends current law relating to the maximum capacity of a container of wine sold to a retail dealer. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 101.45, Alcoholic Beverage Code, as follows: Sec. 101.45. CONTAINERS OF WINE: MAXIMUM CAPACITY. Prohibits a person from selling wine to a retail dealer in a container with a capacity greater than eight, rather than 4.9, gallons. SECTION 2. (a) Makes application of this Act prospective. (b) Provides that an offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. SECTION 3. Effective date: upon passage or September 1, 2011. AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently, Section 101.45 of the Alcoholic Beverage Code states that no person may sell wine to a retail dealer in containers with a capacity greater than 4.9 gallons. S.B. 351 would amend the statute and increase the limit to eight gallons. This would allow certain businesses in Texas to provide vinous liquor by the keg to restaurants and other vendors. As proposed, S.B. 351 amends current law relating to the maximum capacity of a container of wine sold to a retail dealer. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 101.45, Alcoholic Beverage Code, as follows: Sec. 101.45. CONTAINERS OF WINE: MAXIMUM CAPACITY. Prohibits a person from selling wine to a retail dealer in a container with a capacity greater than eight, rather than 4.9, gallons. SECTION 2. (a) Makes application of this Act prospective. (b) Provides that an offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. SECTION 3. Effective date: upon passage or September 1, 2011.