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.