NDT H.B. 2861 75(R)BILL ANALYSIS


LICENSING & ADMINISTRATIVE PROCEDURES
H.B. 2861
By: Pickett
4-7-97
Committee Report (Unamended)



BACKGROUND 

Section 106.13 of the Alcoholic Beverage Code currently contains language
which can be misinterpreted as indicating this section, by itself, is not
a separate violation of the code.  A judge has held that the language in
question implies that this section is not an independent ground for
suspension.  Further, there is no provision in Section 11.61 (cancellation
or suspension of permits) prohibiting permittees from selling alcoholic
beverages to minors.  Therefore, the deletion of the phrase would make it
clear that Section 106.13 provides an independent ground for suspension. 

PURPOSE

As proposed H.B. 2861 would simply delete the misinterpreted language to
clarify the intent of the section. 

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 Section 106.13(a), Alcoholic Beverage Code as follows:

 Strike the phrase "in violation of this code)

SECTION 2.  Makes the changes in the act applicable to all permit and
license holders as issued by the TABC. 

SECTION 3.  Effective date of the Act is September 1, 1997

SECTION 4.  Emergency Clause