HBA-MPA C.S.H.B. 3193 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3193
By: Moreno, Joe
Licensing & Administrative Procedures
4/25/1999
Committee Report (Substituted)





BACKGROUND AND PURPOSE 

Currently, most retailers are not authorized to sell wine with an alcohol
content in excess of 14 percent by volume.  C.S.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, beer, and malt
liquor containing not more than 17, rather than 14, percent alcohol by
volume, for consumption on or off the premises where sold, but not for
resale. 

SECTION 3.  Amends Section 25.09, Alcoholic Beverage Code, to make a
conforming change. 

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 251.14, Alcoholic Beverage Code, to make
conforming changes. 

SECTION 8.  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 9.  Effective date: September 1, 1999.

SECTION 10.  Emergency clause. 

 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3193 differs from the original by replacing language in the
original bill specifying that holders of wine and beer permits may sell
wine containing not more than 17 percent alcohol by volume, with a
provision in the substitute that such permit holders may sell wine, beer,
and malt liquor containing alcohol in excess of one-half of one percent by
volume but not more than 17, rather than 14, percent by volume.  This
change is made in SECTIONS 2 (Section 25.01), 4 (Section 26.01), 5 (Section
27.01), and 6 (Section 27.11, Alcoholic Beverage Code). 

C.S.H.B. 3193 differs from the original in SECTION 3 (Section 25.09,
Alcoholic Beverage Code) by providing, in the original bill, 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.  The substitute provides that no such
person may possess specified beverages with alcohol content of 17, rather
than 14, percent alcohol content. 

The substitute removes the proposed amendment in SECTION 7 (Section 71.04,
Alcoholic Beverage Code) of the original bill which addresses possession of
beverages in excess of 17 percent alcohol content by permit holders.  
 
The substitute redesignates SECTIONS 8-11 in the original bill as SECTIONS
7-10.