Tex. Alcoh. Bev. Code Section 101.46
Containers of Liquor: Minimum Capacities


(a)

Except as provided by Subsections (b), (c), and (d), no person may import, sell, or possess with intent to sell any liquor in a container with a capacity of less than 20 milliliters. A container of liquor offered for sale that has a capacity of less than six fluid ounces must substantially conform to the labeling requirements of the Bureau of Alcohol, Tobacco, and Firearms for larger containers in which liquor is sold. Holders of distiller’s or rectifier’s permits wishing to sell liquor bottled in containers of less than six fluid ounces to wholesalers must sell such containers of liquor to wholesalers in units of unbroken, sealed cases. Wholesalers shall sell liquor bottled in containers of less than six fluid ounces to package stores in units of unbroken, sealed cases.

(b)

Subsection (a) does not apply to permittees or licensees while engaged in supplying mixed beverage permittees or passenger transportation permittees under Section 48.03 (Permit for Airline) or 48.05 (Permit for Passenger Bus), nor to the possession or sale of liquor by a mixed beverage permittee or a passenger transportation permittee under Section 48.03 (Permit for Airline) or 48.05 (Permit for Passenger Bus), but none of the permittees or licensees covered by this subsection may possess liquor in a container with a capacity of less than one fluid ounce.

(c)

Subsection (a) of this section does not apply to liquor imported under Section 107.07 (Importation for Personal Use; Importation by Railroad Companies) of this code.

(d)

Spirit coolers, as described by the definition of “distilled spirits” in Section 1.04 (Definitions) of this code, may be sold in containers with a capacity of less than 355 milliliters as well as in containers with any other capacity authorized by this code for distilled spirits.
Acts 1977, 65th Leg., p. 494, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1146, ch. 552, Sec. 1, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 934, Sec. 62, eff. Sept. 1, 1993; Acts 2001, 77th Leg., ch. 269, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1095, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1017 (H.B. 1039), Sec. 1, eff. June 19, 2015.
Acts 2017, 85th Leg., R.S., Ch. 283 (H.B. 3101), Sec. 3, eff. May 29, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 274, eff. September 1, 2021.

Source: Section 101.46 — Containers of Liquor: Minimum Capacities, https://statutes.­capitol.­texas.­gov/Docs/AL/htm/AL.­101.­htm#101.­46 (accessed Apr. 20, 2024).

101.01
Restraining Orders and Injunctions
101.02
Arrest Without Warrant
101.03
Search and Seizure
101.04
Consent to Inspection
101.05
Negation of Exception: Information, Complaint, or Indictment
101.06
Testimony of Accomplice
101.07
Duty of Peace Officers
101.08
Duty of County Court
101.09
Reports of Convictions
101.31
Alcoholic Beverages in Dry Areas
101.33
Delivery of Liquor in Dry Area
101.41
Containers, Packaging, and Dispensing Equipment of Malt Beverages: Labels
101.42
Returnable Container: Acceptance by Another Brewer
101.43
Misbranding of Brewery Product
101.45
Containers of Wine: Maximum Capacity
101.46
Containers of Liquor: Minimum Capacities
101.47
Carrier May Transport Liquor in Small Containers
101.48
Commission’s Regulatory Authority
101.61
Violation of Code or Rule
101.63
Sale or Delivery to Certain Persons
101.64
Indecent Graphic Material
101.65
Beverages Made from Certain Materials Prohibited
101.66
Beverages of Certain Alcohol Content Prohibited
101.67
Prior Approval of Malt Beverages
101.68
Consignment Sale Prohibited
101.69
False Statement
101.70
Common Nuisance
101.71
Inspection of Vehicle
101.72
Consumption of Alcoholic Beverage on Premises Licensed for Off-premises Consumption
101.73
Expungement of Conviction for Consumption on Premises Licensed for Off-premises Consumption
101.74
Offenses Relating to Bingo
101.75
Consumption of Alcoholic Beverages near Schools
101.76
Unlawful Display or Use of Permit or License
101.671
Prior Approval of Distilled Spirits and Wine
101.673
Use of American Viticultural Area, County, or Vineyard on Wine Label
101.6701
Label Approval Not Required for Certain Malt Beverages

Accessed:
Apr. 20, 2024

§ 101.46’s source at texas​.gov