H.B. 1114 78(R)    BILL ANALYSIS


H.B. 1114
By: Moreno, Joe E.
Licensing & Administrative Procedures
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, the Alcoholic Beverage Code states a person commits an offense
if he knowingly sells an alcoholic beverage to an intoxicated person. The
burden is on law enforcement to prove this high level of culpability which
has been difficult to accomplish. In the late 1980's individuals
recognized the difficulty that law enforcement was experiencing with
underage drinking issues. A bill was passed to change the wording of the
Alcoholic Beverage Code. Prior to the bill passing, Section 106.03 stated
a person commits an offense if "he knowingly" sells an alcoholic beverage
to a minor. That resulting enforcement effort and decrease in the
availability of alcohol to minors has been dramatic. 

By changing the wording for the sale to intoxicated violation, similar
results should occur. HB 1114 modifies the wording for the sale to
intoxicated violation in order to better enhance the job performance of
law enforcement. 


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 101.63(a), Alcoholic Beverage Code by stating that a person
commits an offense if the person with criminal negligence sells and
alcoholic beverage to a habitual drunkard or an intoxicated or insane
person. 


EFFECTIVE DATE

September 1, 2003.