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.