NDT H.B. 3440 75(R)BILL ANALYSIS LICENSING & ADMINISTRATIVE PROCEDURES H.B. 3440 By: Kubiak 4-7-97 Committee Report (Unamended) BACKGROUND Currently, a retailer's license may be suspended if it is found that the retailer (1) with criminal negligence, sold, served or delivered a beer to a minor; (2) sold, served or delivered a beer to an intoxicated person; or (3) sold served or delivered a beer at a time when its sale is prohibited. This bill broadens the circumstances under which a retailer's license may be suspended by substituting the phrase "alcoholic beverage" for the word "beer" in the relevant offenses. PURPOSE The purpose of this bill is to deter retailers from selling any alcoholic beverages to children or intoxicated persons, and from selling serving or delivering any alcoholic beverages during prohibited times. 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. 61.71(a), TEXAS ALCOHOLIC BEVERAGE CODE to provide for the suspension of a retailer's license in the event that the retailer is found to have, (1) with criminal negligence, sold, served or delivered an alcoholic beverage to a minor; (2) sold, served or delivered an alcoholic beverage to an intoxicated person; or (3) sold served or delivered an alcoholic beverage at a time when its sale is prohibited. SECTION 2: This act takes effect September 1, 1997 and is to be applied prospectively. SECTION 3: Emergency clause.