LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION

April 13, 2009

TO:	Honorable Edmund Kuempel, Chair, House Committee on Licensing & Administrative Procedures
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	HB617 by Isett (Relating to the possession of certain quantities of alcoholic beverages in a dry area.), As Introduced

No fiscal implication to the State is anticipated.

The bill would amend the Alcoholic Beverage Code by repealing Section 101.32, removing the statutory provision indicating prima facie evidence of intent to sell through possession of more than one quart of liquor or more than 24 twelve-ounce bottles of beer in a dry area.  The bill would take effect immediately if it receives a two-thirds vote of all the members in each house, otherwise it would take effect on September 1, 2009, and the bill would apply regardless of when the offense was committed, but only for trials commencing on or after the effective date.

 

The Texas Alcoholic Beverage Commission and the Department of Public safety indicate the bill will have no fiscal impact to either agency.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

405 Department of Public Safety, 458 Alcoholic Beverage Commission

LBB Staff:

JOB, JRO, GG, ESi