BILL ANALYSIS


                                                        H.B. 2355
                                          By: Siebert (Wentworth)
                                                    State Affairs
                                                          5- 2-95
                              Senate Committee Report (Unamended)
BACKGROUND

Currently, sale of alcoholic beverages to any ultimate consumer
except by a retailer holding the appropriate permit or license is
prohibited.  Recently, a number of out-of-state producers and
manufacturers of alcoholic beverages, who hold no permit or license
of any kind issued by the Texas Alcoholic Beverage Commission, have
begun to ship distilled spirits, wine and beer into the state. 
This activity is unregulated and circumvents the excise tax revenue
to the state.

PURPOSE

As proposed, H.B. 2355 prohibits a person in the business of
selling 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 grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 107.07, Alcoholic Beverage Code, by
adding Subsection (f), to provide that any person in the business
of selling alcoholic beverages in another state or country who
ships or causes to be shipped any alcoholic beverage to any Texas
resident under this section is in violation of this code.

SECTION 2. Emergency clause.
           Effective date: upon passage.