BILL ANALYSIS

 

 

 

H.B. 2297

By: Smith

Licensing & Administrative Procedures

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Recent legislation has amended the Alcoholic Beverage Code to require the Texas Alcoholic Beverage Commission (TABC) to use technology to allow for the electronic processing of licenses and permits and to improve TABC's abilities to perform its functions. Online processing of original and renewal applications currently is available for many alcoholic beverage licenses and permits, however, interested parties note that documentation required of certain applicants may still require a notarized signature, rather than allowing the use of an electronic signature. H.B. 2297 seeks to amend current law relating to TABC electronic processes.

 

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.

 

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

 

H.B. 2297 amends the Alcoholic Beverage Code to establish that any electronic information, record, or other document, including an application, submitted to the Texas Alcoholic Beverage Commission (TABC) that has an electronic signature with the required specific identifiers of the signatory has the same force and effect as a manual signature before a notary public and is considered a sworn statement for purposes of the criminal offense of making a false statement or false representation in an application for an alcoholic beverage permit or license or in a statement, report, or other instrument filed with TABC and required to be sworn.

 

H.B. 2297 makes statutory provisions providing for the electronic processing of applications for and the electronic issuance of alcoholic beverage licenses and permits applicable to TABC-issued certificates.

 

EFFECTIVE DATE

 

September 1, 2015.