BILL ANALYSIS

H.B. 2698

By: Kuempel

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Certain alcoholic beverage retailers are currently restricted in the manner which they are permitted to decorate or place advertisements on the windows or in the doorways of their establishments. Some have suggested that these regulations unnecessarily restrict the retailers' ability to conduct business. H.B. 2698 seeks to address this issue by repealing prohibitions against obstructing the view of the interior of a package store or wine-only package store.

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. 2698 repeals Section 104.02, Alcoholic Beverage Code, which prohibits a person from doing the following:

· installing or maintaining a blind or barrier in the opening or door of a retail alcoholic beverage establishment or painting the windows, at or above a specified point, in a manner that will obstruct the view of the general public; or

· installing or maintaining a curtain, hanging, sign, or other obstruction that prevents a clear view of the interior of a package store or wine only package store.

EFFECTIVE DATE

September 1, 2021.