H.B. 1056 78(R)    BILL ANALYSIS


H.B. 1056
By: Hamilton
Licensing & Administrative Procedures
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current law a person under 18 may work in a mixed beverage
establishment in any capacity that does not involve selling, preparing or
serving of mixed beverages. The provision is limited to work in mixed
beverage establishments, which leaves other on-premise operations only
able to hire persons over 18 years of age.  This provision has also been
interpreted as prohibiting a person under 18 from serving as a cashier. 

This proposal, HB 1056, would extend the  hiring of persons under 18 to
all on-premise operations so long as those persons under 18 are not
involved selling, preparing or serving of alcoholic beverages..  The bill
would allow persons under 18 to act as cashiers in restaurants so long as
a person over 18 actually serves the alcoholic beverage. 

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 106.09, Alcoholic Beverage Code, by amending Subsections
(a) and (c) and adding Subsection (e) to read as follows: (a) adds the
notation of subsection (e) to be included in prohibiting employment of a
person under 18. (c)  authorizes a holder of a permit or license providing
for the on-premises consumption of alcoholic beverages to employ a person
under 18 to work in any capacity other than the selling of alcohol,
preparing, or serving of alcoholic beverages. This subsection also changes
the term mixed beverages, to alcoholic beverages. 

Adds subsection (e) which  authorizes a holder of a permit or license
providing for an onpremises consumption of alcoholic beverages who also
holds a food and beverage certificate to employ a person under 18 as a
cashier for transactions involving the sale of alcoholic beverages if the
person serving the alcohol is 18 years of age. 

This Act changes Section 106.09, Alcoholic Beverage Code, and only applies
to an offense committed on or after the effective date. If an offense was
committed prior to the effective date, is covered by the law in effect at
the time of the offense. This includes any part of an offense that was
committed prior to the effective date. 

EFFECTIVE DATE

September 1, 2003.