SRC-MKV H.B. 402 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 402
77R1675 MCK-DBy: Giddings (Carona)
Health & Human Services
4/26/2001
Engrossed


DIGEST AND PURPOSE 

The Texas Alcoholic Beverage Commission (TABC) is responsible for issuing
many different beer and liquor permits, licenses, and certificates for the
sale and distribution of alcohol. One type of permit authorized by the TABC
is a medicinal permit that allows the holder to buy or dispense liquor at
his or her pharmacy for medicinal purposes only with a prescription written
by a physician. A corresponding permit is the physician's permit that
allows a doctor to write prescriptions for liquor for medical purposes.
Although no one has applied for either permit in several decades, the TABC
must continue to carry information on each license, retain the ability to
print permits, and retain specific function codes in its database. H.B. 402
eliminates the medicinal and physician's liquor permits.  

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 11.39(a), Alcoholic Beverage Code, to delete a
reference to a pharmacists' medicinal permits. 

SECTION 2.  Amends Section 109.53, Alcoholic Beverage Code, to delete a
reference to medicinal permits. 

SECTION 3.  Amends Section 201.71, Alcoholic Beverage Code, to delete a
reference to Subchapter D of this chapter. 

SECTION 4.  (a) Repealers: Chapters 39 (Medicinal Permit) and 40
(Physician's Permit), Alcoholic Beverage Code. 

(b) Repealers: Chapter 201D (Tax on Liquor Prescriptions), Alcoholic
Beverage Code.   

SECTION 5.  Effective date: September 1, 2001.