BILL ANALYSIS

 

 

 

C.S.H.B. 1917

By: Rodriguez, Eddie

Licensing & Administrative Procedures

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties contend that the laws regarding the outdoor advertisement of alcohol need to be redefined and updated and that laws prohibiting the outdoor advertisement of alcohol are inhibitory to businesses such as taxi cab operators and vehicle for hire services that derive portions of their income from advertisements. C.S.H.B. 1917 seeks to amend current law by allowing the outdoor advertising of alcoholic beverages and related businesses on a taxi or other vehicle for hire.

 

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. 1917 amends the Alcoholic Beverage Code to authorize outdoor advertising of an alcoholic beverage or of the business of any person engaged in the manufacture, sale, or distribution of an alcoholic beverage to be placed on or affixed to the outside of a public transportation passenger vehicle or vehicle for hire.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 1917 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Section 108.52, Alcoholic Beverage Code, is amended by adding Subsection (i) to read as follows:

(i)  Outdoor advertising of an alcoholic beverage or of the business of any person engaged in the manufacture, sale, or distribution of an alcoholic beverage may be placed on or affixed to the outside of a public transportation passenger vehicle or vehicle for hire that is operated primarily within an entertainment district of a municipality.  Each municipality may define the boundaries of an entertainment district in the municipality for purposes of this subsection.  In this subsection:

(1)  "Public transportation passenger vehicle" means a vehicle operated by a political subdivision and used for the transportation of passengers for a fee.

(2)  "Vehicle for hire" includes a van, taxi, limousine, pedicab, and rickshaw and any other means of transportation available to the public for a fee.

 

SECTION 1.  Section 108.52, Alcoholic Beverage Code, is amended by adding Subsection (i) to read as follows:

(i)  Outdoor advertising of an alcoholic beverage or of the business of any person engaged in the manufacture, sale, or distribution of an alcoholic beverage may be placed on or affixed to the outside of a public transportation passenger vehicle or vehicle for hire.  In this subsection:

 

 

 

 

 

(1)  "Public transportation passenger vehicle" means a vehicle operated by a political subdivision and used for the transportation of passengers for a fee.

(2)  "Vehicle for hire" includes a van, taxi, limousine, pedicab, and rickshaw and any other means of transportation available to the public for a fee.

 

SECTION 2.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.

 

SECTION 2. Same as introduced version.