HBA-DMH H.B. 2331 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2331 By: Uresti Licensing & Administrative Procedures 7/16/2001 Enrolled BACKGROUND AND PURPOSE Alcohol consumption by minors continues to be an issue of concern. The number of minors arrested for driving while intoxicated nearly doubled between 1997 and 1998. The negligence of retailers who sell alcohol to minors is a contributing factor to this problem. Prior to the 77th Legislature, a retailer license or permit was canceled or suspended for a maximum or sixty days for the first offense and a maximum of three months for the second offense if it was determined that the retailer contributed to a minor's possession or consumption of alcohol. House Bill 2331 increases the penalty for certain retailers who sell, serve, dispense, or deliver an alcoholic beverage 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 2331 amends the Alcoholic Beverage Code to increase from not more than 60 days to not more than 90 days the amount of time that the Texas Alcoholic Beverage Commission (TABC) or its administrator is authorized to cancel or suspend a retail license or permit or a private club registration permit if it is found that the licensee or permittee has committed a specified violation relating to the consumption or possession of alcohol by a minor. For a second offense, the bill increases from not more than three months to not more than six months the amount of time that TABC or its administrator is authorized to cancel or suspend said license or permit. The bill provides that an offense of purchasing alcohol for or furnishing alcohol to a minor is a Class A, rather than a Class B, misdemeanor. EFFECTIVE DATE September 1, 2001.