HBA-NLM H.B. 106 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 106
By: Alvarado
Licensing & Administrative Procedure
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, minors are not prohibited from being present upon the premises
of a business that sells alcohol for consumption. It is unlawful for a
minor to consume alcoholic beverages. H.B.106 prohibits minors from being
on the premises of a business holding a Wine and Beer Retailer's Permit,
Mixed Beverage Permit, Mixed Beverage Late Hours Permit, Retail Dealer's
On-Premise License, or Retail Dealer's On-Premise Late Hours License. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not delegate  any additional rulemaking authority to a state officer,
department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 106, Alcoholic Beverage Code, by adding Section
106.15, as follows: 

Sec.  106.15.  PRESENCE OF MINOR ON LICENSED PREMISES.  Prohibits a minor
from being on premises covered by a permit or license issued under Chapter
25 (Wine and Beer Retailer's Permit), Chapter 28 (Mixed Beverage Permit),
Chapter 29 (Mixed Beverage Late Hours Permit), Chapter 69 (Retail Dealer's
On-Premise License), or Chapter 70 (Retail Dealer's On-Premise Late Hours
License), Alcoholic Beverage Code.  Prohibits the holder of a permit or a
license issued under this code from allowing a minor to be on the covered
premises. Provides that this section does not apply if the minor remains in
the presence of the minor's parent, adult spouse, or adult custodian;  the
business derives 65 percent or more of the gross revenues from the sale of
food and other goods, excluding alcoholic beverages; the business derives
50 percent of the  gross revenues from the sale of tickets to outdoor live
performances; or the minor is employed under provisions of this code. 

SECTION 2.  Provides that this Act applies to the holder of a food and
beverage certificate  issued by the Texas Alcoholic Beverage Commission. 

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.