Texas 2025 - 89th Regular

Texas House Bill HB4077 Compare Versions

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1	1	By: Vasut H.B. No. 4077
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the sale of spirit coolers by certain alcoholic
9	9	beverage permittees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 1.04, Alcoholic Beverage Code, is
12	12	amended by amending Subdivisions (3) and (5) and adding Subdivision
13	13	(32) to read as follows:
14	14	(3) "Distilled spirits" means alcohol, spirits of
15	15	wine, whiskey, rum, brandy, gin, or any liquor produced in whole or
16	16	in part by the process of distillation, including all dilutions or
17	17	mixtures of them, and includes spirit coolers [that may have an
18	18	alcoholic content as low as four percent alcohol by volume and that
19	19	contain plain, sparkling, or carbonated water and may also contain
20	20	one or more natural or artificial blending or flavoring
21	21	ingredients].
22	22	(5) "Liquor" means any alcoholic beverage, other than
23	23	a malt beverage, containing alcohol in excess of five percent by
24	24	volume, unless otherwise indicated, and any spirit cooler. Proof
25	25	that an alcoholic beverage is alcohol, spirits of wine, whiskey,
26	26	liquor, wine, brandy, gin, rum, tequila, mescal, habanero, or
27	27	barreteago, is prima facie evidence that it is liquor.
28	28	(32) "Spirit cooler" means an alcoholic beverage that:
29	29	(A) consists of:
30	30	(i) alcohol, spirits of wine, whiskey, rum,
31	31	brandy, gin, or any liquor produced in whole or in part by the
32	32	process of distillation; and
33	33	(ii) plain, sparkling, or carbonated water,
34	34	or juices, and may also contain one or more natural or artificial
35	35	blending or flavoring ingredients; and
36	36	(B) has an alcoholic content of at least one-half
37	37	of one percent by volume but not more than 17 percent by volume.
38	38	SECTION 2. Section 24.01(a), Alcoholic Beverage Code, is
39	39	amended to read as follows:
40	40	(a) The holder of a wine only package store permit may:
41	41	(1) purchase wine and vinous liquors in this state
42	42	from the holder of a winery, wholesaler's, or class B wholesaler's
43	43	permit;
44	44	(2) purchase malt beverages from the holder of a
45	45	general or branch distributor's license; [and]
46	46	(3) purchase spirit coolers from the holder of a
47	47	wholesaler's permit; and
48	48	(4) sell those beverages to consumers at retail on or
49	49	from the licensed premises in unbroken original containers of not
50	50	less than six ounces for off-premises consumption only and not for
51	51	the purpose of resale.
52	52	SECTION 3. Section 24.07, Alcoholic Beverage Code, is
53	53	amended to read as follows:
54	54	Sec. 24.07. HOURS OF SALE. A holder of a wine only package
55	55	store permit may remain open and sell malt beverages, wine, spirit
56	56	coolers, and vinous liquors, for off-premises consumption only, on
57	57	any day and during the same hours as those prescribed for the sale
58	58	of malt beverages under Section 105.05, except that the permittee
59	59	may not sell wine or vinous liquor containing more than 17 percent
60	60	alcohol by volume on a Sunday or after 10 p.m. on any day.
61	61	SECTION 4. Sections 24.12(a), (b), and (d), Alcoholic
62	62	Beverage Code, are amended to read as follows:
63	63	(a) The holder of a wine only package store permit may
64	64	conduct free product samplings of wine, spirit coolers, or malt
65	65	beverages on the permit holder's premises during regular business
66	66	hours as provided by this section.
67	67	(b) An agent or employee of the holder of a wine only package
68	68	store permit may open, touch, or pour wine, spirit coolers, or malt
69	69	beverages, make a presentation, or answer questions at a sampling
70	70	event.
71	71	(d) Any wine, spirit coolers, or malt beverages used in a
72	72	sampling event under this section must be purchased from or
73	73	provided by the retailer on whose premises the sampling event is
74	74	held. The retailer may not require the purchase of more alcoholic
75	75	beverages than are necessary for the tasting. This section does not
76	76	authorize the holder of a nonresident seller's permit or that
77	77	permit holder's agent or employee to withdraw or purchase an
78	78	alcoholic beverage from the holder of a wholesaler's permit or
79	79	provide an alcoholic beverage for tasting on a retailer's premises
80	80	that is not purchased from the retailer.
81	81	SECTION 5. Chapter 24, Alcoholic Beverage Code, is amended
82	82	by adding Section 24.13 to read as follows:
83	83	Sec. 24.13. AUTHORITY REGARDING SPIRIT COOLERS. The
84	84	provisions of this chapter relating to spirit coolers apply only to
85	85	the holder of a wine only package store permit whose premises is
86	86	located in an area where the sale of alcoholic beverages is legal as
87	87	provided by a ballot issue approved by the voters under Section
88	88	501.035(b)(5), (6), or (7), Election Code.
89	89	SECTION 6. Section 25.01, Alcoholic Beverage Code, is
90	90	amended to read as follows:
91	91	Sec. 25.01. AUTHORIZED ACTIVITIES. The holder of a wine and
92	92	malt beverage retailer's permit may sell:
93	93	(1) for consumption on or off the premises where sold,
94	94	but not for resale, wine and malt beverages containing alcohol in
95	95	excess of one-half of one percent by volume and not more than 17
96	96	percent by volume; [and]
97	97	(2) for consumption on the premises, the following
98	98	beverages containing alcohol in excess of one-half of one percent
99	99	by volume and not more than 24 percent by volume:
100	100	(A) traditional port or sherry;
101	101	(B) dessert-flavored wine; or
102	102	(C) rice wine; and
103	103	(3) for consumption off the premises, but not for
104	104	resale, spirit coolers.
105	105	SECTION 7. Section 25.09(a), Alcoholic Beverage Code, is
106	106	amended to read as follows:
107	107	(a) Except as provided by this section, a wine and malt
108	108	beverage retailer's permittee or an officer of the permittee may
109	109	not possess on the licensed premises:
110	110	(1) distilled spirits, other than spirit coolers; or
111	111	(2) liquor containing alcohol in excess of 17 percent
112	112	by volume [on the licensed premises].
113	113	SECTION 8. Chapter 25, Alcoholic Beverage Code, is amended
114	114	by adding Section 25.145 to read as follows:
115	115	Sec. 25.145. AUTHORITY REGARDING SPIRIT COOLERS. The
116	116	provisions of this chapter relating to spirit coolers apply only to
117	117	the holder of a wine and malt beverage retailer's permit whose
118	118	premises is located in an area where the sale of alcoholic beverages
119	119	is legal as provided by a ballot issue approved by the voters under
120	120	Section 501.035(b)(5), (6), or (7), Election Code.
121	121	SECTION 9. Sections 26.01(a) and (b), Alcoholic Beverage
122	122	Code, are amended to read as follows:
123	123	(a) The holder of a wine and malt beverage retailer's
124	124	off-premise permit may sell for off-premises consumption only, in
125	125	unbroken original containers, but not for resale, wine, spirit
126	126	coolers, and malt beverages containing alcohol in excess of
127	127	one-half of one percent by volume but not more than 17 percent by
128	128	volume.
129	129	(b) The holder of a wine and malt beverage retailer's
130	130	off-premise permit may conduct free product samplings of wine,
131	131	spirit coolers, and malt beverages containing alcohol in excess of
132	132	one-half of one percent by volume but not more than 17 percent by
133	133	volume on the permit holder's premises during regular business
134	134	hours as provided by Section 26.08.
135	135	SECTION 10. Sections 26.08(a) and (c), Alcoholic Beverage
136	136	Code, are amended to read as follows:
137	137	(a) An employee of the holder of a wine and malt beverage
138	138	retailer's off-premise permit may open, touch, or pour wine, spirit
139	139	coolers, or malt beverages, make a presentation, or answer
140	140	questions at a sampling event.
141	141	(c) Any wine, spirit coolers, or malt beverages used in a
142	142	sampling event under this section must be purchased from or
143	143	provided by the retailer on whose premises the sampling event is
144	144	held. This section does not authorize the holder of a wine and malt
145	145	beverage retailer's off-premise permit to withdraw or purchase
146	146	alcoholic beverages from the holder of a wholesaler's permit or a
147	147	distributor's license or provide alcoholic beverages for a sampling
148	148	on a retailer's premises that is not purchased from the retailer.
149	149	The amount of alcoholic beverages purchased from the retailer may
150	150	not exceed the amount of alcoholic beverages used in the sampling
151	151	event.
152	152	SECTION 11. Chapter 26, Alcoholic Beverage Code, is amended
153	153	by adding Section 26.09 to read as follows:
154	154	Sec. 26.09. AUTHORITY REGARDING SPIRIT COOLERS. The
155	155	provisions of this chapter relating to spirit coolers apply only to
156	156	the holder of a wine and malt beverage retailer's off-premise
157	157	permit whose premises is located in an area where the sale of
158	158	alcoholic beverages is legal as provided by a ballot issue approved
159	159	by the voters under Section 501.035(b)(5), (6), or (7), Election
160	160	Code.
161	161	SECTION 12. This Act takes effect September 1, 2025.