Texas Alcoholic Beverage Code - ALCO BEV § 104.05. Sale in Original Packaging

(a) This section applies to a permittee or licensee who is authorized to sell malt beverages to an ultimate consumer for consumption off the permitted or licensed premises.

(b) The holder of a permit or license described in Subsection (a) may resell malt beverages only in the packaging in which the holder received the malt beverages or may resell the contents of the packages as individual containers.

(c) Except for purposes of resale as individual containers, a licensee or permittee may not:

(d) Nothing in this code prevents a retailer from making a claim for the replacement of alcoholic beverages delivered to the retailer by a wholesaler or distributor in a damaged condition. A wholesaler or distributor may not give a refund for or replace alcoholic beverages that were damaged while in the possession of the retailer.

(e) To assure and control product quality, the holder of a distributor's license, at the time of a regular delivery, may withdraw, with the permission of the retailer, a quantity of malt beverages in its undamaged original packaging from the retailer's stock, if:

(f) A consignment sale of an alcoholic beverage is not authorized under Subsection (e) of this section.