BILL ANALYSIS


                                                        H.B. 2267
                                          By: Hilbert (Wentworth)
                                                    State Affairs
                                                          5-25-95
                              Senate Committee Report (Unamended)
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 for the purpose
of selling wine in excess of 14 percent 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

As proposed, H.B. 2267 deletes restrictions against certain types
of permits or licenses which may be held by a wine only package
store permittee.

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 Section 24.05, Alcoholic Beverage Code, as
follows:

     Sec. 24.05.  PROHIBITED INTERESTS.  (a)  Deletes a restriction
     prohibiting a person who holds a wine only package store
     permit from also having a direct or indirect interest in a
     retail dealer's on premise license, or a wine and beer
     retailer's or wine and beer retailer's off-premise permit. 
     Makes conforming changes.
     
     (c)  Prohibits a person from holding a wine and beer
       retailer's or wine and beer retailer's off-premise permit at
       the same location where the person holds a wine only package
       store permit.
       
       SECTION 2.   Emergency clause.
           Effective date: 90 days after adjournment.