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.