H.B. 295 78(R)    BILL ANALYSIS


H.B. 295
By: Smith, Todd
Licensing & Administrative Procedures
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently if a person would like to contest the facts stated in an
application for a license to distribute, manufacture, or sell beer at
retail, or the applicant's right to secure a license, the person is
required to pay a fee up front in order to cover costs incurred if the
case is decided in favor of the applicant. HB 295 would remove that
requirement so that citizens would have the right to freedom of speech to
contest an application. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

Amends Section 61.39, Alcoholic Beverage Code to prohibit a person who
contests an alcoholic beverage license from being required to pay security
for the costs which may be incurred in the contest if the case should be
decided in favor of the applicant. 


EFFECTIVE DATE

September 1, 2003.  The Act applies to a contest of an application for a
license on or after September 1, 2003.