H.B. 1008 78(R)    BILL ANALYSIS


H.B. 1008
By: Woolley
Licensing & Administrative Procedures
Committee Report (Amended)


BACKGROUND AND PURPOSE 

Current law does not require that notification of an application for a
permit or license or renewal of a permit or license  submitted to the
Texas Alcoholic Beverage Commission (TABC) be given to legislators who
represent the district in which the premise is located . Legislators are
often asked by their constituents to become involved in opposing or
supporting permit and license applications made under the Alcoholic
Beverage Code. To ensure that legislators remain informed of pending
permit and license applications and renewals within their district, notice
should be provided by the applicant to the legislators who represent the
district in which the premise is located. 

House Bill 1008 requires that a person who submits a permit or renewal of
a permit or license under the Alcoholic Beverage Code deliver by mail at
the applicant's expense notification to the legislators who represent the
district in which the premise is located. 


RULEMAKING AUTHORITY

This bill does not expressly delegate any additional rulemaking authority
to a state officer, department, agency, or institution. 


ANALYSIS

Amends subchapter B, Chapter 11, Alcoholic Beverage Code, by adding
Section 11.401 , which requires members of the legislature to be notified
in writing by a person who submits a permit or renewal of a permit under
the Alcoholic Beverage Code. The state senator and state representative
who represent the district in which the premise is located will be mailed
notice at the applicant's expense.  The bill sets forth the provisions
relating to the required notice of a permit  or renewal of a permit.   

Amends subchapter B, Chapter 61, Alcoholic Beverage Code, by adding
Section 61.383 ,  which provides that a person who submits a license or
renewal of a license under the Alcoholic Beverage Code shall provide
written notice of the application to the state senator and state
representative who represent the district in which the premise is located
at the applicant's expense.  The bill sets forth the provisions relating
to the required notice of a license or renewal of a license.   

The bill provides that Section 11.401 and Section 61.383, Alcoholic
Beverage Code do not apply to fraternal or veterans organizations or an
application that contains an application for a food and beverage
certificate. 

EFFECTIVE DATE
September 1, 2003. The Act applies beginning with a permit or license or
renewal of a permit or licensed filed on or after that date. A permit or
license of a permit or licensed filed before the effective date of this
Act is governed by the law in effect on the date the application was
filed. 

EXPLANATION OF AMENDMENTS
Limits the bill to on premise retail consumption and also defines what is
needed to be provided on a form provided by the commission.