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.