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BILL ANALYSIS

 

 

 

C.S.H.B. 2546

By: Springer

Licensing & Administrative Procedures

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

With the popularity of home brewing reportedly growing throughout Texas, interested parties cite an inconsistency in current law regarding the locations at which competitions for home-brewers to compare their products with others may be held. C.S.H.B. 2546 seeks to address this inconsistency by amending the applicable law.  

 

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

 

C.S.H.B. 2546 amends the Alcoholic Beverage Code to specify that a person's authority to deliver home-produced wine, ale, malt liquor, or beer, produced and manufactured by the person to locations for the purpose of submitting those products to an evaluation at certain organized tasting competitions or by certain reviewers applies to delivery to a location licensed or not licensed under the Alcoholic Beverage Code.

 

EFFECTIVE DATE

 

September 1, 2015.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 2546 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.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Section 109.22(b), Alcoholic Beverage Code, is amended to read as follows:

(b)  For the purpose of participating in an organized tasting, evaluation, competition, or literary review, a person to whom this section applies may deliver wine, ale, malt liquor, or beer produced and manufactured by the person to locations that are not licensed under this code for the purpose of submitting those products to an evaluation at an organized tasting competition that is closed to the general public or by a reviewer whose reviews are published if:

 

(1)  no charge of any kind is made for the wine, ale, malt liquor, or beer, for its delivery, or for attendance at the event;  and

(2)  the commission consents in writing to the delivery.

SECTION 1.  Section 109.22(b), Alcoholic Beverage Code, is amended to read as follows:

(b)  For the purpose of participating in an organized tasting, evaluation, competition, or literary review, a person to whom this section applies may deliver wine, ale, malt liquor, or beer produced and manufactured by the person to locations that are licensed or not licensed under this code for the purpose of submitting those products to an evaluation at an organized tasting competition that is closed to the general public or by a reviewer whose reviews are published if:

(1)  no charge of any kind is made for the wine, ale, malt liquor, or beer, for its delivery, or for attendance at the event; and

(2)  the commission consents in writing to the delivery.

SECTION 2.  This Act takes effect September 1, 2015.

SECTION 2. Same as introduced version.