BILL ANALYSIS



H.B. 2732
By: Brimer
4-4-95
Committee Report (Amended)


BACKGROUND

There is no clear language regarding what constitutes the timely
submission of an application for renewal of permits issued by the
Texas Alcoholic Beverage Code.  Furthermore, it is necessary to
clarify language in the alcoholic beverage code to allow for
permittees to keep up their record retention using electronic
technology.  


PURPOSE

H.B. 2732 clarifies that a renewal of a permit is timely made if it
is mailed not later than the date on which it is due.  It would
also allow the holder of an agent's permit to deliver liquor, to
authorized permittees, and clarify that certain records may be
stored electronically and Would also make the shipment of alcoholic
beverages to a Texas resident by an out-of-state supplier of
alcohol illegal.


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. 11.32, Alcoholic Beverage Code.

Clarifies that a renewal of a permit is timely made if it is mailed
no later than the date on which the application is due. 

SECTION 2.  Amends Sec. 35.01, Alcoholic Beverage Code.

Allows the holder of an agent's permit to deliver liquor to
authorized permittees.

SECTION 3. Amends Sec. 201.01(a), Alcoholic Beverage Code.  

Allows certain permittees to store sales records electronically.

SECTION 4.  Amends Sec. 107.07, Alcoholic Beverage Code.

Adds a new subsection (f) making it illegal for any person in the
business of selling alcoholic beverages in another state to ship
alcoholic beverages to a Texas resident. 

SECTION 5.  Emergency Clause and effective date upon passage.


EXPLANATION OF AMENDMENTS

Committee Amendment #1 simply makes two correcting changes.  (1) in
Section 3 of the bill, page 2, line 7, strike "201.01(a)", and
replace with "206.01(a)", and (2) in Section 3 of the bill, page 2,
line 10 by striking the word "deep" and replacing with "keep"


SUMMARY OF COMMITTEE ACTION

HB 2732 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.;
Representative Yarbrough offered a committee amendment to HB 2732,
and moved adoption of committee amendment #1.  There was no
objection.  H.B. 2732 was left pending in committee.  HB 2732 was
heard in a Formal Meeting on April 4, 1995.  Representative Kubiak
moved that the full committee adopt HB 2732 as amended, 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
Kubiak moved that HB 2732 be sent to the Local and Consent Calendar
by the vote which HB 2732 had been favorably approved.  There was
no objection.