HBA-CMT H.B. 402 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 402
By: Giddings
Licensing & Administrative Procedures
7/19/2001
Enrolled



BACKGROUND AND PURPOSE 

The Texas Alcoholic Beverage Commission (TABC) is responsible for issuing
many different beer  and liquor permits, licenses, and certificates for the
sale and distribution of alcohol.  One type of permit authorized by TABC
was a medicinal permit that allowed the holder to buy or dispense liquor at
the holder's pharmacy for medicinal purposes only with a prescription
written by a physician.  A corresponding permit was the physician's permit
that allowed a doctor to write prescriptions for liquor for medical
purposes.  Although no one had applied for either permit in several
decades, the TABC was required to continue to carry information on each
license, retain the ability to print permits, and retain specific function
codes in its database.  House Bill 402 eliminates the medicinal and
physician's liquor permits. 

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 402 amends the Alcoholic Beverage Code to abolish the medicinal
and physician's permits for buying or dispensing liquor. The bill repeals
law authorizing the holder of a medicinal permit to buy or dispense liquor
at the holder of a medicinal permit's pharmacy for medicinal purposes only.
The bill repeals law authorizing the holder of a physician's permit to
write prescriptions for liquor for medical purposes in accordance with
certain restrictions. The bill repeals law related to a tax  imposed on
each liquor prescription filled by a pharmacist.   

EFFECTIVE DATE

September 1, 2001.