Sec. 13.031.  SALE OF COMMODITIES BY PROPER MEASURE.  (a)  Except as otherwise provided by this section, a liquid commodity shall be sold by liquid measure.  A commodity, including a good, ware, or merchandise item, that is not liquid shall be sold by length, weight, or numerical count if the commodity has been or is capable of being sold by one of those measures.
(b)  A liquid commodity may be sold by other than liquid measure if sold for immediate consumption on the premises where sold.
(c)  A liquid commodity may be sold by weight if there is a general consumer usage to express the quantity of the commodity by weight and the expression gives accurate information as to the weight of the commodity.
(d)  This section does not prevent the sale of:
(1)  fruits, vegetables, or other dry commodities in the standard barrel or by other method provided for by state or federal law;
(2)  berries and small fruits in boxes as provided for by other state law;  or
(3)  vegetables or fruits by the head or bunch if the vegetable or fruit is usually sold in that manner.
(e)  This section does not apply to a commodity in an original package, which includes any wholesale or retail package, carton, case, can, barrel, bottle, box, phial, or other receptacle, or the coverings or wrappings of a commodity, that is put up by the manufacturer, that may be labeled, branded, stenciled, or otherwise marked, and that makes one complete package.
(f)  A person violates this chapter if, in violation of this section, the person sells a liquid commodity by other than liquid measure or a commodity that is not liquid by a measure other than length, weight, or numerical count.
Acts 1981, 67th Leg., p. 1026, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by: 
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.06, eff. September 1, 2013.