HBA-NLM H.B. 880 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 880 By: Berman Licensing & Administrative Procedures 4/12/1999 Introduced BACKGROUND AND PURPOSE Currently, the Texas Parks and Wildlife Department (department) spends $140,000 per year on alcohol awareness. However, the department also advertises alcoholic beverages in its publications, Internet pages, and parks. H.B. 880 prohibits a person from advertising or referring to the sponsorship of an alcoholic beverage in certain publications created for the public, directly or indirectly, by the department or by any person on behalf of the department. This bill prohibits the use of certain types of outdoor advertising from being used for an activity sponsored or facilitated by the department. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 108.02, Alcoholic Beverage Code, as follows: Sec. 108.02. PROHIBITED FORMS OF ADVERTISING. Prohibits a person from advertising, referring to, or referring to the sponsorship of an alcoholic beverage, or otherwise promoting an alcoholic beverage in any publication, program, Internet page, audio, video, or live presentation, or any other communication created for and made available to or distributed to the public, directly or indirectly, by the Parks and Wildlife Department (department) or by any person on behalf of the department. SECTION 2. Amends Subchapter B, Chapter 108, Alcoholic Beverage Code, by adding Section 108.57, as follows: Sec. 108.57. AREAS UNDER CONTROL OF OR IN USE BY PARKS AND WILDLIFE DEPARTMENT. Prohibits the use of outdoor advertising, including billboards, electric signs, and advertising placed on or affixed to a bench in or on any park, wildlife management, recreational, natural, historical, or other outdoor area or facility under the jurisdiction of the department. Prohibits the use of outdoor advertising, including billboards, electric signs, and advertising placed on or affixed to a bench in or on any other outdoor area being used for an activity sponsored or facilitated by the department or another person in lieu of or for the benefit of the department or of any program, project, or activity under the jurisdiction of the department. SECTION 3. (a) Effective date: September 1, 1999. (b) Prohibits the department on or after the effective date of this Act from making available or distributing to the public, directly or indirectly, any communication described by and containing material prohibited by Section 108.02(b), Alcoholic Beverage Code, as added by this Act. SECTION 4. Emergency clause.