SRC-PNG S.B. 427 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 427
76R4167 MCK-DBy: Sibley
Economic Development
2/19/1999
As Filed


DIGEST 

Currently, Texas law prohibits a person in the business of selling
alcoholic beverages in another state or country to ship or cause to be
shipped any alcoholic beverage to a Texas resident. S.B. 427 increases the
penalty from the current Class C misdemeanor to a Class A misdemeanor for a
first offense and a state jail felony, if the shipper has been notified in
writing by the Texas Alcoholic Beverage Commission that direct sales are
illegal in Texas. 

PURPOSE

As proposed, S.B. 427 increases the penalty for certain interstate shipment
of alcoholic beverages. 

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 107.07(f), Alcoholic Beverage Code, to create an
offense for certain interstate shipment of alcoholic beverages.  Provides
that an offense under this subsection is a Class A misdemeanor, unless, as
shown at trial, that the person received written notice from the Texas
Alcoholic Beverage Commission that the person was violating this
subsection, in which case the offense is a state jail felony. 

SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 3. Emergency clause.