BILL ANALYSIS

 

 

Senate Research Center

H.B. 2791

86R5344 MCK-F

By: Goldman (Watson)

 

Business & Commerce

 

5/8/2019

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, there is some ambiguity in the Alcoholic Beverage Code regarding the purchase of an alcoholic beverage for personal consumption by a person who then transports the beverage from a place where its sale is legal to a place where its possession is legal without holding a license or permit. For example, some have suggested that the current statute does not adequately address questions associated with transporting alcohol from a "wet" county or area to a "dry" county or area for personal consumption.

 

H.B. 2791 addresses this issue by clarifying that a person who purchases an alcoholic beverage for the person's own consumption may personally transport the beverage without obtaining a license or permit.

 

H.B. 2791 amends current law relating to the transport of alcoholic beverages for personal consumption.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 107.08, Alcoholic Beverage Code, as follows:

 

Sec. 107.08. TRANSPORTATION OF BEVERAGES FOR PERSONAL CONSUMPTION. Authorizes a person who purchases an alcoholic beverage for the person's own consumption to personally transport it, rather than to transport it, from a place where its sale is legal to a place where its possession is legal without holding a license or permit. Makes a nonsubstantive change.

 

SECTION 2. Effective date: September 1, 2019.