BILL ANALYSIS



H.B. 984
By: Yarbrough
3-15-95
Committee Report (Unamended)


BACKGROUND

During the 73rd legislative session, the Alcoholic Beverage
Commission sunset bill was amended to include a provision which
required certain alcoholic beverage permittees and licensees to
post a conduct surety bond. This provision was limited to Harris
County and in a subsequent court challenge it was found to be
unconstitutional by a Travis County  District Court. This ruling
removes the authority of the Alcoholic Beverage Commission to
enforce this statute in its present form.


PURPOSE

This measure repeals  Sections 11.11 (g) and 61.13 (g), Alcoholic
Beverage Code.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS


SECTION 1:  Repeals Sections 11.11(g) and 61.13(g) of the Texas
Alcoholic Beverage Code. 

SECTION 2:   Effective date. September 1, 1995.

SECTION 3:    Emergency clause


SUMMARY OF COMMITTEE ACTION

H.B. 984 was heard in a Public Hearing on February 22, 1995.  The
Chair recognized the following person to testify who registered
neutral on the bill:
     Mr. Richie Jackson, Texas Restaurant Association;
H.B. 984 was left pending in committee.  H.B. 984 was heard in a
Public Hearing on March 15, 1995.  Representative Torres moved that
the committee call up H.B. 984 which was pending.  There was no
objection.  Representative Torres moved that the full committee
adopt H.B. 984, and that it be reported favorably to the full House
with the recommendation that it do pass and be printed.  The motion
prevailed by the following vote:  AYES:  7, NAYS:  0; ABSENT:  2.