SRC-TNM H.B. 3441 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3441
By: Kubiak (Cain)
State Affairs
5-14-97
Engrossed


DIGEST 

The Alcoholic Beverage Commission utilizes minors generally in the age
range of 14 to 18 years when conducting stings to identify retailers who
sell alcoholic beverages to children.  Approximately 35 percent to 50
percent of the licensed locations are selling alcohol to minors.   The
commission's use of minors has been challenged in court because the
commission does not have statutory authority to use minors.  H.B. 3441
would give the commission statutory authority to utilize minors in the
conduct of sting operations identifying retailers who sell alcoholic
beverages to minors. 

PURPOSE

As proposed, H.B. 3441 outlines provisions regarding the offense of
purchase or possession of alcohol by a minor. 

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 106.02(a), Alcoholic Beverage Code, to provide
that a minor does not commit an offense if the minor purchases an
alcoholic beverage under the immediate supervision of a commissioned peace
officer engaged in enforcing the provisions of this code.  Makes a change
to inclusive language. 

SECTION 2. Amends Section 106.05(b), Alcoholic Beverage Code, to authorize
a minor to possess an alcoholic beverage if the minor is under the
immediate supervision of a commissioned peace officer engaged in enforcing
the provisions of this code. 

SECTION 3. Emergency clause.
  Effective date: upon passage.