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