SRC-AAA H.B. 808 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 808
By: Goolsby (Cain)
State Affairs
5-6-97
Engrossed


DIGEST 

Many charitable organizations raise money through fund-raising events such
as silent auctions. The items auctioned are typically donated and at times
include alcoholic beverages.  Therefore, a temporary alcoholic beverage
permit for charitable organizations to allow them to sell items and comply
with state alcoholic beverage laws. H.B. 808 creates a temporary permit to
allow charitable organizations to collect and sell alcoholic beverages.

PURPOSE

As proposed, H.B. 808 creates a temporary permit to allow charitable
organizations to collect and sell alcoholic beverages.
                                                                           
RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Alcoholic Beverage Commission
in SECTION 1 (Section 53.009, Alcoholic Beverage Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 3A, Alcoholic Beverage Code, by adding Chapter 53,
as follows: 

CHAPTER 53. TEMPORARY CHARITABLE AUCTION PERMIT

Sec. 53.001. AUTHORIZED ACTIVITIES.  Authorizes the holder of a temporary
charitable auction permit (permit) to auction alcoholic beverages to raise
money to support charitable works of the permit holder. 

Sec. 53.002. FEE. Sets forth the fee for the permit.

Sec, 53.003. DURATION OF PERMIT. Provides that the permit is issued for a
period of not more than five days. 

Sec. 53.004. PERMIT. Authorizes the Alcoholic Beverage Commission
(commission) to issue a permit only to certain tax-exempt organizations. 

Sec. 53.005. AUCTION LOCATION.  Sets forth the requirements for the
location of the auction.  

Sec. 53.006. AUCTION NOTICE.  Sets forth the requirements of notice for
the holder of a permit, to be provided to the branch office of the
commission closest to the auction site. 

Sec. 53.007. DISPOSITION OF PROCEEDS.  Requires the proceeds from the
auction to be deposited to the account of the permit holder. 

Sec. 53.008. PROHIBITED ACTIVITIES. Sets forth prohibited activities of a
holder of a permit. 

Sec. 53.009. RULES. Requires the commission to adopt rules governing the
issuance of a  permit and penalties for violations of this chapter. 

SECTION 2. Effective date: September 1, 1997.


SECTION 3. Emergency clause.