BILL ANALYSIS

H.B. 2791

By: Goldman

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

There is concern regarding the clarity of the laws governing the purchase of an alcoholic beverage for personal consumption by a person who then transports the beverage from a place where its sale is legal to a place where its possession is legal without holding a license or permit.  It has been suggested that the current statute does not adequately address questions associated with transporting alcohol from a "wet" county or area to a "dry" county or area. H.B. 2791 seeks to address this issue by clarifying that a person who purchases an alcoholic beverage for the person's own consumption may personally transport the beverage with regard to certain places.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2791 amends the Alcoholic Beverage Code to clarify that the authorization for a person who purchases an alcoholic beverage for the person's own consumption to transport the beverage from a place where its sale is legal to a place where its possession is legal without holding a license or permit is such an authorization for the person to personally transport the beverage.

EFFECTIVE DATE

September 1, 2019.