SRC-TNM H.B. 2816 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2816
By: Torres (Whitmire)
State Affairs
5-13-97
Engrossed


DIGEST 

Currently, the Alcoholic Beverage Code states that all permits and
licenses shall expire one year after the date of issuance, except as
otherwise provided by the code.  Section 6.02, Alcoholic Beverage Code,
provides for the coordination and change of expiration dates for a
licensee or permittee.  In applying Section 6.02, a licensing period may
be less than a year, but may not be more.  Section 6.02 also prohibits the
Alcoholic Beverage Commission from abating or refunding a license or
permit fee because of a change in the expiration date.  H.B. 2816 would
require all secondary permits held by a primary permit holder to have the
same expiration date. 

PURPOSE

As proposed, H.B. 2816 outlines provisions regarding the expiration of
secondary alcoholic beverage permits and licenses. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 11.09, Alcoholic Beverage Code, to provide that
any secondary permit, including a late hours permit or temporary permit,
held by a basic or primary permit holder expires on the same date as the
primary permit, and the Alcoholic Beverage Commission (commission) may not
prorate or refund any part of the secondary permit fee because the
application of this section results in the expiration of the secondary
permit in less than one year. 

SECTION 2. Amends Section 61.03, Alcoholic Beverage Code, to provide that
any secondary license, including a late hours or temporary license, held
by a basic or primary license or permit holder expires on the same date as
the primary license or permit, and the commission may not prorate or
refund any part of the secondary license fee because the application of
this section results in the expiration of the secondary license in less
than one year. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.