HBA-DMH C.S.H.B. 1193 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1193 By: Brimer Licensing & Administrative Procedures 4/2/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law prohibits fans from bringing alcoholic beverages onto the premises where automobile races are held if alcoholic beverages are sold there. C.S.H.B. 1193 allows persons to bring alcoholic beverages onto or remove alcoholic beverages from premises licensed or permitted for the sale of alcoholic beverages and to consume such beverages on premises where events open to the general public are held under certain conditions RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Alcoholic Beverage Commission in SECTION 1 (Section 109.61, Alcoholic Beverage Code) of this bill. ANALYSIS C.S.H.B. 1193 amends the Alcoholic Beverage Code to authorize a license or permit holder authorized to sell alcoholic beverages for on-premises consumption to allow a person to bring an alcoholic beverage onto the licensed or permitted premises and consume the beverage on the premises if the premises are located in a facility open to the general public where automobile racing events and other events are held. The bill authorizes a person who brings an alcoholic beverage onto licensed or permitted premises to remove the beverage from the premises. The bill authorizes the Texas Alcoholic Beverage Commission to adopt rules as necessary to implement these provisions. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1193 differs from the original bill by authorizing, rather than requiring, a specified license or permit holder to allow a person to bring onto, consume, or remove an alcoholic beverage from a licensed or permitted premises located in a facility open to the general public where events are held. The substitute removes the provision that a person is not required to allow a person to bring or consume alcoholic beverages on licensed or permitted premises if the alcoholic beverage is a type that is not allowed in certain facilities or under terms of certain licenses or permits