SRC-JBJ H.B. 269 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 269
77R203 MCK-DBy: Berman (Staples)
Business & Commerce
4/25/2001
Engrossed


DIGEST AND PURPOSE 

Under current Texas law, an offender selling alcohol in a dry area, a
practice commonly referred to as bootlegging, is only ticketed and subject
to a minimal fine.  Since there are no extended repercussions for an
offender committing the crime multiple times, a repeat offender might
consider the penalty as an insignificant service fee and continue
committing what can be a profitable offense.  H.B. 269 establishes the
penalty for bootlegging as a Class B misdemeanor, and as a state jail
felony for multiple convictions of bootlegging.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 101.31, Alcoholic Beverage Code, to provide that
an offense under this section is a Class B misdemeanor.  Provides that if
it is shown on the trial of an offense under this section that the person
has previously been convicted two or more times of an offense under this
section, the offense is a state jail felony. 

SECTION 2.  Effective date: September 1, 2001.
            Makes application of this Act prospective.