HBA-MPA H.B. 3193 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3193 By: Moreno, Joe Licensing & Administrative Procedures 4/13/1999 Introduced BACKGROUND AND PURPOSE Currently, most retailers are not authorized to sell wine with an alcohol content in excess of 14 percent by volume. H.B. 3193 increases the permissible concentration of alcohol in certain beverages sold or held by persons permitted to sell such beverages to 17 percent by volume. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 24.07, Alcoholic Beverage Code, to make a conforming change. SECTION 2. Amends Section 25.01, Alcoholic Beverage Code, to authorize the holder of a wine and beer retailer's permit to sell wine containing not more than 17 percent alcohol by volume, and other specified products for consumption on or off the premises where sold, but not for resale. SECTION 3. Amends Section 25.09, Alcoholic Beverage Code, to provide that no wine and beer retailer's permitee, nor officer of the permittee, may possess on the licensed premises any alcoholic beverage the permitee is not authorized to sell, rather than distilled spirits or liquor containing alcohol in excess of 14 percent by volume. SECTION 4. Amends Section 26.01, Alcoholic Beverage Code, to make a conforming change. SECTION 5. Amends Section 27.01, Alcoholic Beverage Code, to make a conforming change. SECTION 6. Amends Section 27.11, Alcoholic Beverage Code, to make a conforming change. SECTION 7. Amends Section 71.04, Alcoholic Beverage Code, to make conforming and nonsubstantive changes. SECTION 8. Amends Section 251.14, Alcoholic Beverage Code, to make conforming changes. SECTION 9. Amends Subchapter D, Chapter 251, Alcoholic Beverage Code, by adding Section 251.81, as follows: Sec. 251.81. SALE OF WINE. (a) Prohibits an alcoholic beverage license or permit holder from selling wine containing more than 14 percent alcohol by volume in an area where the sale of wine was approved by a local option election before September 1, 1999, other than such an election that approved the sale of all alcoholic beverages, unless a subsequent local option election approves the sale of wine or wine and other alcoholic beverages. (b) Requires the Texas Alcoholic Beverage Commission to indicate on the face of each alcoholic beverage license or permit whether the holder is authorized to sell wine and whether the holder may sell wine up to 14 percent or 17 percent alcohol by volume. SECTION 10. Effective date: September 1, 1999. SECTION 11. Emergency clause.