C.S.H.B. 1510 78(R)    BILL ANALYSIS


C.S.H.B. 1510
By: Flores
Licensing & Administrative Procedures
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law allows for a wine tasting at package store sites when written
notification is provided via U.S. mail to the Texas Alcoholic Beverage
Commission 72 hours prior to the event. 

This proposal replaces that requirement by providing a posting of written
notice on the premises of the permit holder's package store not later than
48 hours prior to the event. It also requires that not more than 20
different products may be made available for tasting at any one time. 

The proposal also strikes requirements in current law where not more than
two of the categories of either distilled spirits; wine; or beer and
coolers may be tasted. Further, the proposal  requires that all the empty
or open containers of alcoholic beverages used during the tasting be
stored in a locked, secure area on the licensed premises. 

Publication of the event is authorized via e-mail and on the permit
holder's website, in addition to current law advertising practices via
on-site communications or direct mail. 

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 1 (Sections 52.01(b), (e), (j), (k), Alcoholic Beverage
Code by deleting the requirement for written notice be mailed to the
commission via U.S. mail. While providing that written notification be
posted on the licensed premises of the permit holder's package store not
later than 48 hours prior to the event. Also the substitute requires that
not more than 20 different products may be made available for tasting at
any one time: and, that upon conclusion of the event, all empty or open
containers be stored in a locked, secure area on the licensed premises.
The substitute further provides for advertising by electronic mail, or on
the permit holder's Internet website in addition to the provisions in
current law of advertising by on-site communications, or by direct mail. 

SECTION 2. Sections 52.01(f), Alcoholic Beverage Code is repealed.

EFFECTIVE DATE

September 1, 2003


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the filed version by reducing the number of
hours(from 72 to 48) required for posting notice on the licensed premises
of the permit holder's package store. The substitute also has altered
Section 52.01(e) of the Alcoholic Beverage Code by adding language to
limiting the number of different products - to 20 - that may be available
for tasting,  rather than repealing the section entirely as drafted in
SECTION 2 of the filed version.