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BILL ANALYSIS

 

 

                                                                                                                                           H.B. 3100

                                                                                                                                          By: Anchia

                                                                                             Licensing & Administrative Procedures

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Under current law, employees of Texas package liquor stores are not required to take periodic training classes.  A lack of knowledge of the law can lead to illegal and undesirable practices in the  selling of alcohol, causing problems for both the owners of those establishments and the communities which surround them

 

H.B. 3100 requires each employee of package store permittees to successfully complete a seller training program every 2 years in order to keep abreast of current law and enhance awareness of best practices for conducting business.

 

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

 

H.B. 3100 requires each employee of a package store permittee to successfully complete a seller training program every two years.  The training program must be approved by the Texas Alcoholic Beverages Commission and include information about the laws and commission rules applying to the package store permittees and their employees; the best practices to follow for conducting business; and other information considered appropriate by the commission.

 

H.B. 3100 provides that administrative penalties apply only to a package store permittee whose employees have not completed the required training.  H.B. 3100 authorizes the commission to impose an administrative penalty on a package store permittee who violates Section 106.03, in addition to any other applicable civil or criminal penalties or disciplinary action taken by the commission. The amount of penalty may not exceed $1,000 for the first violation and $1,800 for each subsequent violation during an 18-month period.

 

EFFECTIVE DATE

 

March 1, 2008.