Honorable Wayne Smith, Chair, House Committee on Licensing & Administrative Procedures
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB34 by Menéndez (Relating to the consumption of alcoholic beverages on certain premises; providing a penalty and authorizing a fee. ), Committee Report 1st House, Substituted
The bill would amend the Alcoholic Beverage Code, Government Code, and Penal Code as it relates to the consumption of alcoholic beverages on certain premises, providing a penalty, and authorizing a fee. Under the provisions of the bill, a commercial establishment that allows a person to carry or consume alcohol on the premises without the required public consumption permit would be a Class A misdemeanor. The bill would also make unlawful carrying of a weapon a third-degree felony if the offense was committed on a property licensed for the public consumption of alcoholic beverages.
A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000.
The bill provides a penalty for certain offenses involving the consumption of alcohol on certain premises. Providing or enhancing penalties for any criminal offense is expected to increase demands on state and/or county correctional agency resources due to longer terms of community supervision, county jail confinement, state correctional institution confinement, and/or parole. However, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources. In fiscal year 2012, there were 98 arrests, 3 community supervision placements, and no state incarcerations for carrying an unlawful weapon on the premises of a property licensed for the sale of alcoholic beverages, a similar charge that is also a third-degree felony. Additionally, local entities are primarily responsible for incarcerating and supervising misdemeanor offenders.