BILL ANALYSIS H.B. 2355 By: Siebert 4-4-95 Committee Report (Unamended) BACKGROUND Current provisions of the Texas Alcoholic Beverage Code prohibit the sale of alcoholic beverages to any ultimate consumer except by a retailer holding the appropriate permit or license. Recently, a number of out-of-state producers and manufacturers of alcoholic beverages, many who hold no permit or license of any kind issued by the Texas Alcoholic Beverage Commission (TABC), have begun to ship distilled spirits, wine and beer into the state. These sales can result in the delivery of alcoholic beverages to minors, delivery into "dry" areas and a loss of excise tax revenue to the state. PURPOSE H.B. 2355 would prohibit a person who sells alcoholic beverages in another state or country from shipping or causing to be shipped any alcoholic beverage to any Texas resident. 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. 107.07, Alcoholic Beverage Code, by adding a new subsection (f) to specify that any person who sells alcoholic beverages in another state or country and who ships or causes to be shipped any alcoholic beverages directly to any Texas resident commits a violation of the code. Section 2. Emergency clause. Effective date: upon passage. SUMMARY OF COMMITTEE ACTION HB 2355 was heard in a Public Hearing on March 29, 1995. The Chair recognized the following person to testify in favor of the bill: Mr. Alan Gray, Licensed Beverage Distributors, Inc. HB 2355 was left pending in committee. HB 2355 was heard in a Formal Meeting on April 4, 1995. Representative Dear moved that the full committee adopt HB 2355, 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: (9), NAYS: (0), ABSENT: (0). Representative Dear moved that HB 2355 be sent to the Local and Consent Calendar by the vote which HB 2355 had been favorably approved. There was no objection.