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.