BILL ANALYSIS

 

 

Senate Research Center

S.B. 2410

 

By: Men�ndez

 

Business & Commerce

 

6/17/2019

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Background:

 

Currently in statute, there is concern about the vague term "related infrastructure" when talking about a public entertainment facility (PEF). As written, this section of code makes it challenging for the Texas Alcoholic Beverage Commission (TABC) to apply these rules evenly. This ambiguity only creates more issues and confusion for TABC as they only apply this statue to adjacent PEF parking lots in certain instances and not in others.

 

Solution:

 

S.B. 2410 makes no substantive changes to existing law governing the sale of alcohol at PEFs, but would improve market certainty and enhance equal application of the law by clarifying that adjacent parking areas are included in the related infrastructure of a PEF under Section 108.73(2) of the Alcoholic Beverage Code. This more explicit definition of a related infrastructure �footprint� would provide a more precise standard in statute which the TABC field personnel can uniformly apply to all PEFs across the state. This bill would eliminate ambiguity and confusion by creating a uniform standard for application. (Original Author's/Sponsor's Statement of Intent)

 

S.B. 2410 amends current law relating to the definition of a public entertainment facility for purposes of certain alcoholic beverage-related activities.

 

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 108.73(2), Alcoholic Beverage Code, to redefine "public entertainment facility" to include parking areas that are adjacent to certain facilities.�

 

SECTION 2. Effective date: upon passage or September 1, 2019.