HBA-DMH H.B. 2331 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2331
By: Uresti
Licensing & Administrative Procedures
7/16/2001
Enrolled



BACKGROUND AND PURPOSE 

Alcohol consumption by minors continues to be an issue of concern.  The
number of minors arrested for driving while intoxicated nearly doubled
between 1997 and 1998.  The negligence of retailers who sell alcohol to
minors is a contributing factor to this problem.  Prior to the 77th
Legislature, a retailer license or permit was canceled or suspended for a
maximum or sixty days for the first offense and a maximum of three months
for the second offense if it was determined that the retailer contributed
to a minor's possession or consumption of alcohol.  House Bill 2331
increases the penalty for certain retailers who sell, serve, dispense, or
deliver an alcoholic beverage to a minor. 

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. 

ANALYSIS

House Bill 2331 amends the Alcoholic Beverage Code to increase from not
more than 60 days to not more than 90 days the amount of time that the
Texas Alcoholic Beverage Commission (TABC) or its administrator is
authorized to cancel or suspend a retail license or permit or a private
club registration permit if it is found that the licensee or permittee has
committed a specified violation relating to the consumption or possession
of alcohol by a minor.  For a second offense, the bill increases from not
more than three months to not more than six months the amount of time that
TABC or its administrator is authorized to cancel or suspend said license
or permit.  The bill provides that an offense of purchasing alcohol for or
furnishing alcohol to a minor is a Class A, rather than a Class B,
misdemeanor. 

EFFECTIVE DATE

September 1, 2001.