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.