HBA-TBM, DMH C.S.H.B. 2038 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2038 By: Haggerty Licensing & Administrative Procedures 5/7/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, specified permit holders may obtain a private carrier permit to transport alcoholic beverages in vehicles owned or leased in good faith by the holder if the transportation is for a lawful purpose. C.S.H.B. 2038 adds the privileges granted under the private carrier permit to specified permits if the permittees provide certain vehicle access to the Texas Alcoholic Beverage Commission, and properly designate vehicles used for the transportation of alcoholic beverages. 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 15 (Section 20.03, Alcoholic Beverage Code) and SECTION 17 (Section 21.03, Alcoholic Beverage Code) of this bill. ANALYSIS C.S.H.B. 2038 amends the Alcoholic Beverage Code to grant to the holder of a brewer's permit, distiller's and rectifier's permit, winery permit, wine bottler's permit, and specified wholesaler's permits (permit holders) certain transportation privileges previously granted under the private carrier permit (Secs. 12.06, 14.04, 16.08, 18.04, 19.05, 20.03, and 21.03). The bill provides that a vehicle used by a permit holder for the transportation of alcoholic beverages must be available for inspection by the Texas Alcoholic Beverage Commission (commission) on request (Secs. 12.07, 14.05, 16.09, 18.05, 19.06, 20.04, and 21.04). Except for winery permit holders, the bill provides that the exterior of each vehicle used by a permit holder for the transportation of alcoholic beverages within the state must be designated as required by the commission (Secs. 12.08, 14.06, 18.06, 19.07, 20.05, and 21.05). The bill increases the annual fee for a permit holder by $30 (Secs. 12.02, 14.02, 16.02, 18.02, 19.02, 20.02, and 21.02). The bill repeals law relating to the private carrier permit (SECTION 19). EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2038 differs from the original by removing the authority granted by the original bill to transport ale, malt liquor, or liquor in a vehicle owned or leased by the holder of an agent's permit.