HBA-DMH C.S.H.B. 3462 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3462 By: Reyna, Arthur Licensing & Administrative Procedures 4/10/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, a person may purchase wine from a winery locally or in another state and bring the wine home. However a person may not purchase wine and have the wine shipped to his or her home. C.S.H.B. 3462 authorizes a person to purchase wine and ship or have it shipped to that person's residence. 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 C.S.H.B. 3462 amends the Alcoholic Beverage Code to authorize a person who purchases wine while at a winery to ship or have it shipped to the person's residence. The bill provides that the person purchasing the wine must be present when the wine is delivered to the person's residence. The bill prohibits the holder of a nonresident seller's permit from shipping alcohol or causing alcohol to be shipped to a resident under transportation and importation provisions. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3462 differs from the original bill to no longer require the wine being purchased or shipped to be for personal use. The substitute prohibits the holder of a nonresident seller's permit from shipping alcohol or causing alcohol to be shipped to a resident under transportation and importation provisions. The substitute removes the provision that the person making the sale has verified that the person purchasing the wine is 21 years of age or older.