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.