HBA-CDB S.B. 427 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 427 By: Sibley Licensing & Administrative Procedures 4/28/1999 Engrossed BACKGROUND AND PURPOSE Currently, Texas law prohibits a person in the business of selling alcoholic beverages in another state or country to ship or cause to be shipped any alcoholic beverage to a Texas resident. S.B. 427 increases the penalty from the current Class C misdemeanor to a Class A misdemeanor for a first offense and increases the penalty to a state jail felony, if the shipper has been notified in writing by the Texas Alcoholic Beverage Commission that direct sales are illegal in Texas. 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 107.07(f), Alcoholic Beverage Code, to create an offense for certain interstate shipment of alcoholic beverages. Provides that an offense under this subsection is a Class A misdemeanor, unless, as shown at trial, that the person received written notice from the Texas Alcoholic Beverage Commission that the person was violating this subsection, in which case the offense is a state jail felony. SECTION 2.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.