HBA-NLM H.B. 880 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 880
By: Berman
Licensing & Administrative Procedures
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Parks and Wildlife Department (department) spends
$140,000 per year on alcohol awareness. However, the department also
advertises alcoholic beverages in its publications, Internet pages, and
parks.  

H.B. 880 prohibits a person from advertising or referring to the
sponsorship of an alcoholic beverage in certain publications created for
the public, directly or indirectly, by the department or by any person on
behalf of the department. This bill prohibits the use of certain types of
outdoor advertising from being used for an activity sponsored or
facilitated by the department. 

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 108.02, Alcoholic Beverage Code, as follows:

Sec. 108.02. PROHIBITED FORMS OF ADVERTISING. Prohibits a person from
advertising, referring to, or referring to the sponsorship of an alcoholic
beverage, or otherwise promoting an alcoholic beverage in any publication,
program, Internet page, audio, video, or live presentation, or any other
communication created for and made available to or distributed to the
public, directly or indirectly, by the Parks and Wildlife Department
(department) or by any person on behalf of the department. 

SECTION 2.  Amends Subchapter B, Chapter 108, Alcoholic Beverage Code, by
adding Section 108.57, as follows: 

Sec. 108.57.  AREAS UNDER CONTROL OF OR IN USE BY PARKS AND WILDLIFE
DEPARTMENT. Prohibits the use of outdoor advertising, including billboards,
electric signs, and advertising placed on or affixed to a bench in or on
any park, wildlife management, recreational, natural, historical, or other
outdoor area or facility under the jurisdiction of the department.
Prohibits the use of outdoor advertising, including billboards, electric
signs, and advertising placed on or affixed to a bench in or on any other
outdoor area being used for an activity sponsored or facilitated by the
department or another person in lieu of or for the benefit of the
department or of any program, project, or activity under the jurisdiction
of the department. 

SECTION 3. (a) Effective date: September 1, 1999.

(b) Prohibits the department on or after the effective date of this Act
from making available or distributing to the public, directly or
indirectly, any communication described by and containing material
prohibited by Section 108.02(b), Alcoholic Beverage Code, as added by this
Act. 

SECTION 4.  Emergency clause.