Texas 2023 - 88th Regular

Texas Senate Bill SB1288

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the sale of spirit coolers by certain alcoholic beverage permittees.

Impact

The proposed changes would modify existing provisions related to the sale and regulation of alcoholic beverages, particularly affecting retailers holding wine and malt beverage permits. The bill clarifies the legal framework regarding the sales of spirit coolers and allows these beverages to be sold alongside other alcoholic products. The intent behind this bill appears to be aimed at expanding economic opportunities within the alcoholic beverage industry and providing clearer guidelines for retailers, which can enhance compliance and consumer understanding.

Summary

SB1288 seeks to amend the Texas Alcoholic Beverage Code to specifically define and regulate spirit coolers. This bill introduces a formal definition of spirit coolers, categorized as alcoholic beverages containing at least 0.5% but not more than 17% alcohol by volume, consisting of distilled spirits combined with water or juice and potentially flavoring agents. SB1288 expands on the authority of particular permit holders, notably those with wine and malt beverage retailer's permits, allowing them to sell spirit coolers for off-premises consumption under certain conditions.

Sentiment

General sentiment surrounding SB1288 is expected to be positive among retailers and suppliers in the alcoholic beverage sector, who may view the bill as a way to broaden their market offerings and simplify sales processes. There may, however, be concerns from certain community groups or regulatory bodies about the broader implications of increasing the variety of alcoholic products available in the market, specifically regarding public health and safety.

Contention

One notable point of contention could arise from the differing perspectives on the regulation of alcohol sales, particularly in areas where local laws may be stricter than state regulations. Additionally, some stakeholders might argue that the expansion of the types of products that can be sold under existing permits may lead to challenges in their enforcement and increase the risk of over-consumption. Local governments or community advocates concerned with alcohol-related issues could express reservations about loosening restrictions related to the sale of spirit coolers.

Texas Constitutional Statutes Affected

Alcoholic Beverage Code

  • Chapter 1. General Provisions
    • Section: New Section
  • Chapter 24. Wine Only Package Store Permit
    • Section: New Section
  • Chapter 25. Wine And Malt Beverage Retailer's Permit
    • Section: New Section
  • Chapter 26. Wine And Malt Beverage Retailer's Off-premise Permit
    • Section: New Section

Companion Bills

TX HB2200

Identical Relating to the sale of spirit coolers by certain alcoholic beverage permittees.

Similar Bills

TX HB3339

Relating to the sale and regulation of alcoholic beverages by certain retailers.

MS HB390

Lottery tickets; authorize alcohol package retailer's permit holders to be lottery retailers and sell.

MS HB683

Lottery tickets; authorize alcohol package retailer's permit holders to be lottery retailers and sell.

MS HB558

Alcoholic beverages; increase number of package retailer's permits a person may own.

MS SB2851

Alcoholic beverages; allow persons to bring onto premises with on-premise retailer's permits in certain qualified resorts.

MS SB2823

Native wineries and native distilleries; update tax and permit provisions, and allow in-state direct shipment.

MS HB263

Alcoholic beverages; revise certain provisions regarding distance restrictions from churches, schools, kindergartens and funeral homes.

MS HB51

Alcoholic beverages; revise certain provisions regarding distance restrictions from churches, schools, kindergartens and funeral homes.