HBA-ALS H.B. 3618 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3618
By: Truitt
Licensing & Administrative Procedures
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, the holder of a winery or wine bottler's permit is
required to purchase a bond each year to guarantee the permit holder's
payment of taxes. In contrast, the holder of a wholesaler's permit or
distributor's license that has timely paid all taxes and fees for the
preceding three years is not required to furnish a bond. The purpose of
this bill is to exempt the holders of winery permits or wine bottler's
permits from this bonding requirement.   

H.B. 3618 exempts the holder of a winery or wine bottler's permit from
furnishing a bond if, for the preceding 36 months, the permittee or
licensee has paid all required taxes and fees under the Texas Alcoholic
Beverage Code on or before the due date.  

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 Sections 204.01(f) and (i), Alcoholic Beverage Code, as
follows: 

(f)  Provides that the holder of a winery or wine bottler's permit is not
required to furnish a bond if for the preceding 36 months the permittee or
licensee has paid all taxes and fees required by this code on or before the
due date.  

(i)  Provides that a permittee or licensee who qualifies for an exemption
under Subsection (f) of this section is exempt from the bonding requirement
for a winery permit or wine bottler's permit that is currently held by or
subsequently issued to the same permittee or licensee for use at licensed
premises different from and additional to those covered by the permit or
license under which the permittee or licensee qualified for exemption.  

SECTION 2.Effective date: September 1, 1999. 

SECTION 3.Emergency clause.