BILL ANALYSIS |
C.S.H.B. 367 |
By: Villalba |
Licensing & Administrative Procedures |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties explain that certain public entertainment facilities, such as the American Airlines Center in Dallas, through independent concessionaires, may hold multiple beverage permits applicable to different areas inside the arena but that fans who legally purchase alcoholic beverages in one permitted area may not leave that area with the beverage to return to their seats or to another area inside the arena, even if that area is permitted for the sale and consumption of alcoholic beverages. The parties contend that this regulatory constraint serves no public purpose but unintentionally encourages binge drinking that could lead to unsafe conditions for fans, event attendees, and the general public. C.S.H.B. 367 seeks to amend current law to address this issue.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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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.
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ANALYSIS
C.S.H.B. 367 amends the Alcoholic Beverage Code to expand the applicability of a statutory provision authorizing an independent concessionaire for certain public entertainment facilities to allow a patron who possesses an alcoholic beverage to enter or leave a licensed or permitted premises within the facility under specified conditions to include an arena that is located in a county with a population of 2.2 million or more that is adjacent to a county with a population of more than 600,000, that opened in 2001, that had a seating capacity of not more than 22,000 on August 1, 2014, and for which alcoholic beverage permits and licenses were held on the opening day of business.
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EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2015.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 367 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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