By: Vasut H.B. No. 4077
A BILL TO BE ENTITLED
AN ACT
relating to the sale of spirit coolers by certain alcoholic
beverage permittees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.04, Alcoholic Beverage Code, is
amended by amending Subdivisions (3) and (5) and adding Subdivision
(32) to read as follows:
(3) "Distilled spirits" means alcohol, spirits of
wine, whiskey, rum, brandy, gin, or any liquor produced in whole or
in part by the process of distillation, including all dilutions or
mixtures of them, and includes spirit coolers [that may have an
alcoholic content as low as four percent alcohol by volume and that
contain plain, sparkling, or carbonated water and may also contain
one or more natural or artificial blending or flavoring
ingredients].
(5) "Liquor" means any alcoholic beverage, other than
a malt beverage, containing alcohol in excess of five percent by
volume, unless otherwise indicated, and any spirit cooler. Proof
that an alcoholic beverage is alcohol, spirits of wine, whiskey,
liquor, wine, brandy, gin, rum, tequila, mescal, habanero, or
barreteago, is prima facie evidence that it is liquor.
(32) "Spirit cooler" means an alcoholic beverage that:
(A) consists of:
(i) alcohol, spirits of wine, whiskey, rum,
brandy, gin, or any liquor produced in whole or in part by the
process of distillation; and
(ii) plain, sparkling, or carbonated water,
or juices, and may also contain one or more natural or artificial
blending or flavoring ingredients; and
(B) has an alcoholic content of at least one-half
of one percent by volume but not more than 17 percent by volume.
SECTION 2. Section 24.01(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The holder of a wine only package store permit may:
(1) purchase wine and vinous liquors in this state
from the holder of a winery, wholesaler's, or class B wholesaler's
permit;
(2) purchase malt beverages from the holder of a
general or branch distributor's license; [and]
(3) purchase spirit coolers from the holder of a
wholesaler's permit; and
(4) sell those beverages to consumers at retail on or
from the licensed premises in unbroken original containers of not
less than six ounces for off-premises consumption only and not for
the purpose of resale.
SECTION 3. Section 24.07, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 24.07. HOURS OF SALE. A holder of a wine only package
store permit may remain open and sell malt beverages, wine, spirit
coolers, and vinous liquors, for off-premises consumption only, on
any day and during the same hours as those prescribed for the sale
of malt beverages under Section 105.05, except that the permittee
may not sell wine or vinous liquor containing more than 17 percent
alcohol by volume on a Sunday or after 10 p.m. on any day.
SECTION 4. Sections 24.12(a), (b), and (d), Alcoholic
Beverage Code, are amended to read as follows:
(a) The holder of a wine only package store permit may
conduct free product samplings of wine, spirit coolers, or malt
beverages on the permit holder's premises during regular business
hours as provided by this section.
(b) An agent or employee of the holder of a wine only package
store permit may open, touch, or pour wine, spirit coolers, or malt
beverages, make a presentation, or answer questions at a sampling
event.
(d) Any wine, spirit coolers, or malt beverages used in a
sampling event under this section must be purchased from or
provided by the retailer on whose premises the sampling event is
held. The retailer may not require the purchase of more alcoholic
beverages than are necessary for the tasting. This section does not
authorize the holder of a nonresident seller's permit or that
permit holder's agent or employee to withdraw or purchase an
alcoholic beverage from the holder of a wholesaler's permit or
provide an alcoholic beverage for tasting on a retailer's premises
that is not purchased from the retailer.
SECTION 5. Chapter 24, Alcoholic Beverage Code, is amended
by adding Section 24.13 to read as follows:
Sec. 24.13. AUTHORITY REGARDING SPIRIT COOLERS. The
provisions of this chapter relating to spirit coolers apply only to
the holder of a wine only package store permit whose premises is
located in an area where the sale of alcoholic beverages is legal as
provided by a ballot issue approved by the voters under Section
501.035(b)(5), (6), or (7), Election Code.
SECTION 6. Section 25.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 25.01. AUTHORIZED ACTIVITIES. The holder of a wine and
malt beverage retailer's permit may sell:
(1) for consumption on or off the premises where sold,
but not for resale, wine and malt beverages 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, the following
beverages containing alcohol in excess of one-half of one percent
by volume and not more than 24 percent by volume:
(A) traditional port or sherry;
(B) dessert-flavored wine; or
(C) rice wine; and
(3) for consumption off the premises, but not for
resale, spirit coolers.
SECTION 7. Section 25.09(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Except as provided by this section, a wine and malt
beverage retailer's permittee or an officer of the permittee may
not possess on the licensed premises:
(1) distilled spirits, other than spirit coolers; or
(2) liquor containing alcohol in excess of 17 percent
by volume [on the licensed premises].
SECTION 8. Chapter 25, Alcoholic Beverage Code, is amended
by adding Section 25.145 to read as follows:
Sec. 25.145. AUTHORITY REGARDING SPIRIT COOLERS. The
provisions of this chapter relating to spirit coolers apply only to
the holder of a wine and malt beverage retailer's permit whose
premises is located in an area where the sale of alcoholic beverages
is legal as provided by a ballot issue approved by the voters under
Section 501.035(b)(5), (6), or (7), Election Code.
SECTION 9. Sections 26.01(a) and (b), Alcoholic Beverage
Code, are amended to read as follows:
(a) The holder of a wine and malt beverage retailer's
off-premise permit may sell for off-premises consumption only, in
unbroken original containers, but not for resale, wine, spirit
coolers, and malt beverages containing alcohol in excess of
one-half of one percent by volume but not more than 17 percent by
volume.
(b) The holder of a wine and malt beverage retailer's
off-premise permit may conduct free product samplings of wine,
spirit coolers, and malt beverages containing alcohol in excess of
one-half of one percent by volume but not more than 17 percent by
volume on the permit holder's premises during regular business
hours as provided by Section 26.08.
SECTION 10. Sections 26.08(a) and (c), Alcoholic Beverage
Code, are amended to read as follows:
(a) An employee of the holder of a wine and malt beverage
retailer's off-premise permit may open, touch, or pour wine, spirit
coolers, or malt beverages, make a presentation, or answer
questions at a sampling event.
(c) Any wine, spirit coolers, or malt beverages used in a
sampling event under this section must be purchased from or
provided by the retailer on whose premises the sampling event is
held. This section does not authorize the holder of a wine and malt
beverage retailer's off-premise permit to withdraw or purchase
alcoholic beverages from the holder of a wholesaler's permit or a
distributor's license or provide alcoholic beverages for a sampling
on a retailer's premises that is not purchased from the retailer.
The amount of alcoholic beverages purchased from the retailer may
not exceed the amount of alcoholic beverages used in the sampling
event.
SECTION 11. Chapter 26, Alcoholic Beverage Code, is amended
by adding Section 26.09 to read as follows:
Sec. 26.09. AUTHORITY REGARDING SPIRIT COOLERS. The
provisions of this chapter relating to spirit coolers apply only to
the holder of a wine and malt beverage retailer's off-premise
permit whose premises is located in an area where the sale of
alcoholic beverages is legal as provided by a ballot issue approved
by the voters under Section 501.035(b)(5), (6), or (7), Election
Code.
SECTION 12. This Act takes effect September 1, 2025.