BILL ANALYSIS

H.B. 1755

By: Metcalf

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In Texas, a person may leave a restaurant that holds a mixed beverage permit with a recorked bottle of wine that was ordered with food during their meal at the restaurant. In other words, a patron may order wine by the bottle during dinner while maintaining the flexibility to take home the remaining bottle of wine if they do not finish its contents. There have been calls to extend this flexibility to unopened bottles of wine. H.B. 1755 seeks to authorize a person to leave such a restaurant with wine regardless of whether the container is opened or unopened.

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. 1755 amends the Alcoholic Beverage Code to authorize a person who orders wine with food from a mixed beverage permittee to remove the container of wine from the premises regardless of whether the container is opened or unopened.

EFFECTIVE DATE

September 1, 2021.