H.B. 2579 78(R)    BILL ANALYSIS


H.B. 2579
By: Goolsby
Licensing & Administrative Procedures
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, a mixed beverage permittee may sell and offer for sale mixed
beverages between 7 a.m. and midnight on any day except Sunday. On Sunday,
mixed beverages may be sold  between midnight and 1:00 a.m. and between 10
a.m. and midnight, except that an alcoholic beverage served to a customer
between 10 a.m. and 12 noon on Sunday must be provided during the service
of food to the customer. 
In a county having a population of 500,000 or more, according to the last
preceding federal census, a holder of a mixed beverage late hours permit
may also sell and offer for sale mixed beverages between midnight and 2
a.m. on any day. 
In a county having a population of less than 500,000, the above referenced
extended hours are effective for the sale of mixed beverages and the offer
to sell them by a holder of a mixed beverages late hour permit: (1) in the
unincorporated areas of the county if the extended hours are adopted by an
order of the commissioners court; and (2) in an incorporated city or town
if the extended hours are adopted by an ordinance of the governing body of
the city or town. 

This bill provides that  cities have uniform late hours provisions without
the city or county having to adopt  late hours provisions. As such, they
do not have to adhere to the overlapping county requirements. For
instance, the City of Dallas bleeds into Denton and Collin County but this
bill would provide that the portion of city (example: Dallas) that
overlaps into these counties would enjoy the same privilege of late hours
as the current  city exemption allows 


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 Subsections (c) and (d) of Section 105.03, Alcoholic Beverage Code
by adding city to existing language allowing counties to sell mixed
beverages between midnight and 2:00 a.m. any day for those with a mixed
beverage late hours permit. 

Amends Subsections (c) and (d) of Section 105.05, Alcoholic Beverage Code,
by adding city to existing language allowing counties to sell an deliver
beer between midnight and 2:00 a.m. any day for those with a retail
dealer's on-premises late hours license. 


EFFECTIVE DATE

September 1, 2003.