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


Office of House Bill AnalysisH.B. 2331
By: Uresti
Licensing & Administrative Procedures
3/20/2001
Introduced



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.  Under current law, a
retailer license or permit is 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 is 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 (commission) 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
the commission or its administrator is authorized to cancel or suspend said
license or permit. 

EFFECTIVE DATE

September 1, 2001.