BILL ANALYSIS

H.B. 2793

By: Goldman

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been suggested that the pricing of distilled spirits can be difficult to define for wholesale purposes, especially in light of consumers having more choices in purchasing spirits for their personal consumption. H.B. 2793 seeks to address this issue by repealing statutory provisions that establish certain proof of the sale or delivery of certain amounts of distilled spirits in a single or continuous transaction as prima facie evidence that the sale was at wholesale or was a retail sale. 

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. 2793 repeals Section 101.10, Alcoholic Beverage Code, which establishes proof of the sale or delivery of certain amounts of distilled spirits in a single or continuous transaction as prima facie evidence that the sale was at wholesale or was a retail sale. 

EFFECTIVE DATE

September 1, 2019.