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.