BILL ANALYSIS |
C.S.H.B. 3003 |
By: Kuempel |
Licensing & Administrative Procedures |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties contend that the marketing of beer in Texas would benefit from increased flexibility in terms of allowable promotional activities. C.S.H.B. 3003 seeks to address this issue by authorizing a brewer to offer a prize to a consumer of legal drinking age as part of a promotional sweepstakes activity.
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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. 3003 amends the Alcoholic Beverage Code to include a brewer among the entities authorized to offer a prize to a consumer that is part of a promotional sweepstakes activity and to specify that the consumers to whom a manufacturer, nonresident manufacturer, or brewer may offer such a prize is a consumer of legal drinking age. The bill authorizes a prize awarded as part of a promotional sweepstakes activity to include food, beverages, entertainment, recreation, gifts, or attendance at a private event at a permitted or licensed premises for the winners of the sweepstakes and other guests of the event sponsor. The bill prohibits the name or location of the premises where such a private event is held from being mentioned in any advertising related to the sweepstakes. The bill requires a licensee or permittee who conducts such a private event at a retailer's premises to pay the retailer the fair market value for the use of the premises and requires the retailer to retain control of the sale and service of alcoholic beverages at the private event. The bill authorizes a promotional sweepstakes activity to be conducted at a permitted or licensed premises and the prize to be awarded to the winners at the permitted or licensed premises at which the sweepstakes is conducted.
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EFFECTIVE DATE
September 1, 2017.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 3003 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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