NDT H.B. 3441 75(R)BILL ANALYSIS LICENSING & ADMINISTRATIVE PROCEDURES H.B. 3441 By: Kubiak 4-7-97 Committee Report (Unamended) BACKGROUND The agency currently utilizes minors generally in the age range of 14-18 years when conducting stings to identify retailers who sell alcoholic beverages to children. Approximately 35% to 50% of the licensed locations are selling alcohol to minors. The Alcoholic Beverage Commission's use of minors has been challenged in court. Cases have not yet been lost due to the fact that the commission does not have statutory authority to use such minors. Attorneys for the commission have relied on case law established in drug cases to argue authority to use such minors. This bill would solidify authority in the commission to continue using minors in the effort to identify retailers who sell alcoholic beverages to children. PURPOSE The purpose of this bill is to vest the commission with statutory authority to utilize minors in the conduct of sting operations identifying retailers who sell alcoholic beverages to minors. 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. 106.02, TEXAS ALCOHOLIC BEVERAGE CODE by adding language permitting a minor to purchase alcoholic beverages while under the immediate supervision of a commissioned peace officer conducting a sting. SECTION 2: Amends Sec. 106.025, TEXAS ALCOHOLIC BEVERAGE CODE by adding language permitting a minor to attempt to purchase alcoholic beverages while under the immediate supervision of a commissioned peace officer conducting a sting. SECTION 3: Emergency clause.