HBA-CMT, AMW H.B. 21 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 21
By: Corte
Licensing & Administrative Procedures
3/16/2001
Introduced



BACKGROUND AND PURPOSE 

Current law provides that it is a Class A misdemeanor offense if a person
with criminal negligence sells an alcoholic beverage to a minor, but there
is no provision in the law regarding repeat offenders.  Texas' policy of
not allowing persons under the age of 21 to purchase  or consume alcoholic
beverages is often subverted by stores and store employees who are lax
about ensuring that a person is of the required age to purchase alcoholic
beverages.  House Bill  21 increases the penalty to a state jail felony for
a person convicted of the repeated sale of alcoholic beverages to a minor.

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. 

ANALYSIS

House Bill 21 amends the Alcoholic Beverage Code to provide that it is a
state jail felony for a person to sell an alcoholic beverage to a minor
with criminal negligence if that person has been previously convicted of
selling an alcoholic beverage to a minor or knowingly selling an alcoholic
beverage to a habitual drunkard or an intoxicated or insane person. 

EFFECTIVE DATE

September 1, 2001.