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.