BILL ANALYSIS

C.S.H.B. 2594

By: Thompson

Licensing & Administrative Procedures

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Current law authorizes the holder of a wholesaler's permit to sell, offer for sale, or deliver liquor to a retailer between 5 a.m. and 9 p.m. on any day except Sunday and Christmas Day.  Current law authorizes the holder of a general, local, or branch distributor's license to sell, offer for sale, or deliver beer between 5 a.m. and midnight and, for a premises located in or in a county adjacent to a county with a population of 1.8 million or more, between 4 a.m. and midnight, on any day except Sunday.

C.S.H.B. 2594 allows the holder of a wholesaler's permit to sell, offer for sale, or deliver liquor anytime except on Sunday or Christmas Day.  The bill allows the holder of a general, local, or branch distributor's license to sell, offer for sale, or deliver beer 24 hours a day, Monday through Saturday, and between midnight and 1 a.m. and between noon and midnight on Sunday. The bill's provisions are not mandatory, and all licensees and permittees are free to maintain their current hours of delivery or avail themselves of the new hours.

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

C.S.H.B. 2594 amends the Alcoholic Beverage Code to authorize a holder of a wholesaler's permit to sell, offer for sale, or deliver liquor to a retailer anytime, rather than between 5 a. m. and 9 p.m. on any day, except Sunday and Christmas Day. The bill authorizes the holder of a general, local, or branch distributor's license to sell, offer for sale, or deliver beer 24 hours a day, rather than between 5 a.m. and midnight, Monday through Saturday, and between midnight and 1 a.m. and between noon and midnight on Sunday.

C.S.H.B. 2594 repeals Section 105.052, Alcoholic Beverage Code.

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 2594 authorizes a holder of a wholesaler's permit to sell, offer for sale, or deliver liquor to a retailer anytime except Sunday and Christmas Day, whereas the original also applies that provision to a local distributor's permittee.