HBA-ALS H.B. 1157 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1157
By: Mowery
Licensing & Administrative Procedures
4/27/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, a restaurant that holds a mixed beverage license is
prohibited from allowing a wine society hosting a dinner in the restaurant
to serve its members wine not purchased from the restaurant.  The purpose
of this bill is to allow restaurants to allow wine societies to consume
their own wine at wine society dinners.    

H.B. 1157 allows the holder of a mixed beverage permit to allow an
individual to consume on the licensed premises wine purchased by the
individual off the licensed premises and to charge a corkage fee for wine
consumed.  This bill also allows the holder of a private club registration
permit to allow a member of the club to possess and consume wine purchased
by the member off the licensed premises and to charge a corkage fee for
wine consumed.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Alcoholic Beverage Commission
in SECTIONS 1 and 3 (Sections 28.01 and 32.01, Alcoholic Beverage Code) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 28.01, Alcoholic Beverage Code, by amending
Subsection (c) and adding Subsection (d), as follows: 

(c) Authorizes the holder of a mixed beverage permit to allow an individual
to possess and consume on the licensed premises wine purchased by the
individual off the licensed premises and to charge a corkage fee for such
wine. Makes nonsubstantive changes. 

(d) Authorizes the Texas Alcoholic Beverage Commission (commission) to
adopt rules to implement this section.  

SECTION 2.  Amends Section 28.06(a), Alcoholic Beverage Code, to provide an
exception. 

SECTION 3.  Amends Section 32.01, Alcoholic Beverage Code, by adding
Subsections (c) and (d), as follows: 

(c)  Authorizes the holder of a private club registration permit to allow a
member of the club or a family member or guest of the club member to
possess and consume on the licensed premises wine purchased by the member
off the licensed premises and charge a corkage fee for such wine.  

(d)  Authorizes the commission to adopt rules to implement this section. 

SECTION 4.  Effective date: September 1, 1999. 

SECTION 5.  Emergency clause.