SRC-JFA, TNM C.S.H.B. 2816 75(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2816
By: Torres (Whitmire)
State Affairs
5-18-97
Committee Report (Substituted)


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.  C.S.H.B. 2816
would require all secondary permits held by a primary permit holder to
have the same expiration date. 

PURPOSE

As proposed, C.S.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 Chapter 11, Alcoholic Beverage Code by amending Section
11.09, and by adding Section 11.091, as follows: 

Sec. 11.09.  EXPIRATION OF PERMIT.  Provides 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. 

Sec. 11.091.  VERIFICATION OF EXPIRED PERMIT.  Sets forth guidelines
relating to the commission or administrator of the commission
(administrator) instructing the commission's field personnel to verify the
non-operation of a retail permit which has expired and has not been
renewed.   

SECTION 2. Amends Chapter 61, Alcoholic Beverage Code, by amending Chapter
61.03, and by adding Section 61.031, as follows: 

Sec. 61.03.  DURATION AND EXPIRATION OF LICENSE.  Provides 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. 

Sec. 61.031.  VERIFICATION OF EXPIRED LICENSE.  Sets forth guidelines
relating to the commission or administrator instructing the commission's
field personnel to verify the non-operation of a retail license which has
expired and has not been renewed.  

SECTION 3. Effective date: September 1, 1997.
 
SECTION 4. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Chapter 11, Alcoholic Beverage Code, to add Section 11.091,
relating to verification of expired permit. 

SECTION 2.

Amends Chapter 61, Alcoholic Beverage Code, to add Section 61.031,
relating to verification of expired permit.