H.B. 2112 78(R)    BILL ANALYSIS


H.B. 2112
By: Homer
Licensing & Administrative Procedures
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently the Alcoholic Beverage Code set out the conditions for which an
employer may be held responsible for the actions of their employees and
provides a "safe harbor" if an employer has their employees trained in the
responsible service of alcoholic beverages. However, private clubs may
still be cited for an employee who serves a non-member. 

This bill would extend the "safe harbor" to service of a non-member.


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 106.14(a), Alcoholic Beverage Code by adding "a person who
is not a member of a private club on the club premises" to the current
categories (minor and intoxicated person) where actions by an employee are
not attributable to the employer under certain circumstances. 

Provides that this Act would apply only to the sale, service, dispensing,
delivery, or consumption of alcoholic beverage on or after the effective
date of the Act. 


EFFECTIVE DATE

September 1, 2003.