BILL ANALYSIS

H.B. 2039

By: Hamilton

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

According to certain sources, wine kegs are increasingly being used by restaurants and other establishments for serving wine by the glass. Such kegs have coil connections for dispensing the wine that need to be cleaned and maintained.  Although the wholesaler who sells the keg to the establishment retains ownership of the keg, the wholesaler is not authorized to enter the establishment to clean and maintain the coil connections on the keg. H.B. 2039 seeks to remedy this situation by allowing certain holders of alcoholic beverage permits or the permit holder's agent to clean and maintain the coil connections for dispensing wine.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Alcoholic Beverage Commission in SECTION 1 of this bill.

ANALYSIS

H.B. 2039 amends the Alcoholic Beverage Code to require the Texas Alcoholic Beverage Commission to adopt rules that set definite limitations consistent with the general provisions of that code that relax the restrictions on the dealings of a person who owns or has an interest in certain alcoholic beverage businesses, or the person's agent, servant, or employee, with a retailer or consumer to allow the holder of a wholesaler's permit, a general class B wholesaler's permit, or a local class B wholesaler's permit, or an agent of such a permit holder, to perform the cleaning and maintenance of coil connections for the dispensing of wine.

EFFECTIVE DATE

September 1, 2011.