BILL ANALYSIS



C.S.H.B. 2080
By: Alvarado
4-26-95
Committee Report (Substituted)


BACKGROUND

Under current Texas law, beer and alcoholic beverage permit holders
are allowed to have minors present while beer, wine and mixed
drinks are being sold.  To avoid selling alcohol to minors
nightclub and bar owners use various methods of separating minors
from adults including wristbands, ink stamps and markers.  In
reality, it is virtually impossible to keep a minor from
circumventing these methods and buying alcohol.


PURPOSE

H.B. 2080 would prohibit the presence of minors on the premises of
a establishment whose primary business is to sell alcohol.


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: Amends Chapter 106 of the Alcoholic Beverage Code by
adding Section 106.15 as follows:

Sec. 106.15. PRESENCE OF MINOR ON LICENSED PREMISES  

           (a) prohibits the presence of a minor in a establishment
with certain beverage                   permits.

           (b) Provides exemptions to section (a).

               (1) A minor with parent spouse or guardian is
exempt.

               (2) A business which derives:

                    (a)  65% or more of its gross revenue from food
and other goods                    not including alcohol.
                    
                    (b) 50% or more of its gross revenue from the
sale of tickets to                 outdoor live performances.

               (3) A minor in the course of working is exempt.

SECTION 2. EFFECTIVE DATE. September 1, 1995.

SECTION 3. EMERGENCY CLAUSE.



COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute changes the permittees or licensees subject to this
act.  The original provided an exemption for businesses that derive
50%  or more of  gross revenues from food sales, while the
substitute grants the exemption to those deriving 65% or more.  The
substitute also adds businesses that derive 50% or more of gross
revenues from ticket sales to outdoor live performances, the
original did not provide for this.

SUMMARY OF COMMITTEE ACTION

HB 2080 was heard in a Public Hearing on April 26, 1995.  The Chair
laid out HB 2080, and recognized the author Rep. Alvarado to
explain the bill.  Rep. Jones offered a complete committee
substitute and moved that the full committee adopt CSHB 2080. 
There was no objection.  Rep. Yarbrough moved that the full
committee adopt HB 2080 as substituted, and that it be reported
favorably to the full House with the recommendation that it do pass
and be printed, and placed on the Local and Consent Calendar.  The
motion prevailed by the following vote:  AYES 9, NAYS: 0, ABSENT:
0.