HBA-CMT, SEP H.B. 210 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 210 By: Longoria Licensing & Administrative Procedures 4/11/2001 Introduced BACKGROUND AND PURPOSE Currently, the state of Texas does not have existing laws that prohibit the number of drinks containing alcoholic beverages that may be served to a person by the holder of an alcoholic beverage license. House Bill 210 provides a limitation on the number of alcoholic beverages served by the holder of a alcoholic beverage permit or license to no more than two drinks containing any alcoholic beverage to a person during each one-hour period. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Alcoholic Beverage Commission in SECTION 1 (Section 101.76, Alcoholic Beverage Code) of this bill. ANALYSIS House Bill 210 amends the Alcoholic Beverage Code to prohibit the holder of a permit or license that authorizes the holder to serve alcoholic beverages from serving more than two drinks containing any alcoholic beverage to a person during each one-hour period. The bill authorizes the Texas Alcoholic Beverage Commission to determine, by rule, the maximum amount of alcohol that may be in a drink containing any alcoholic beverage served by the permit or license holder in a one-hour period. The bill provides that a violation of this provision is a misdemeanor punishable by a fine of not less than $100 or more than $500, by confinement in jail for not more than a year, or by both. If a person has been previously convicted under this provision, a violation is a misdemeanor punishable by a fine of not less than $500 or more than $1,000, by confinement in jail for not more than a year, or by both. EFFECTIVE DATE September 1, 2001.