SRC-LBB H.B. 671 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 671
By: Lewis (Brimer)
State Affairs
5/9/2003
Engrossed


DIGEST AND PURPOSE 

Currently, in order to obtain an alcohol license for on-premise
consumption, an establishment must have both a male and a female restroom.
Some small restaurants have only one restroom and cannot serve alcohol.
H.B. 671 allows certain restaurants with one toilet to obtain a license
for the sale of alcohol. 

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 61.43(a), Alcoholic Beverage Code, to provide
that the county judge may refuse to approve an application for a license
as a distributor or retailer if the premises on which beer is to be sold
for on-premises consumption is a premises that has at least one toilet and
the premises is a restaurant that derives less than 50 percent of its
gross revenue from the sale of alcohol, is 2,500 square feet or less, and
has an occupancy rating of 50 persons or less. 

SECTION 2.  Amends Section 61.71(a), Alcoholic Beverage Code, to make a
conforming change. 

SECTION 3.  (a)  Makes application of this Act prospective in regards to
Section 61.43(a), Alcoholic Beverage Code, as it applies to a county
judge's decision regarding a license application. 

(b)  Makes application of this Act prospective in regards to Section
61.71(a), Alcoholic Beverage Code, in regards to a suspension or
cancellation of a retail dealer's on-or-off premise license. 

SECTION 4.  Effective date:  upon passage or September 1, 2003.