BILL ANALYSIS



H.B. 2267
By: Hilbert
5-3-95
Committee Report (Amended)


BACKGROUND

Current law specifies certain prohibited interests for persons who
hold Wine Only Package Store permits.  Such holders cannot have an
interest in, among others, a Wine and Beer Retailer's permit or a
Wine and Beer Retailer's Off-Premise permit.  Many grocery stores
would like to hold a Wine Only Package Store permit (in areas where
it is lawful) for the purpose of selling wine in excess of 14%
alcohol by volume, while holding Wine and Beer Retailer's permits
or Wine and Beer Retailer's Off-Premise permits at other store
locations.


PURPOSE

HB 2267 removes the obstacle to a store holding a Wine Only Package
Store permit and either a Wine and Beer Retailer's permit or a Wine
and Beer Retailer's Off-Premise permit at another location.


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.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sec. 24.05, Alcoholic Beverage Code, and removes
the prohibition against the holder of a Wine Only Package Store
permit from also holding, at another location, either a Wine and
Beer Retailer's or Wine and Beer Retailer's Off-Premise permit.

SECTION 2.  Emergency Clause.
 


EXPLANATION OF AMENDMENTS

The amendment, on page 1, line 11, strikes the words "retail
dealer's on-premise".

SUMMARY OF COMMITTEE ACTION

HB 2267 was heard in a Public Hearing on May 3, 1995.  The Chair
laid out HB 2267, and recognized Rep. Dear to explain the bill. 
Rep. Torres offered an amendment to HB 2267, and moved adoption of
Committee Amendment #1.  There was no objection.  The Chair
recognized the following persons to testify in favor of the bill:
     Mr. Wesley D. Nelson, H.E. Butt Grocery Company;
Rep. Brimer moved that the full committee adopt HB 2267 as amended,
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: 7, NAYS: 0, ABSENT: 2.