BILL ANALYSIS

H.B. 763

By: Toth

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

After an illicit alcoholic beverage has been seized, a peace officer is currently required to deliver the beverage to the Texas Alcoholic Beverage Commission (TABC) for immediate sale in the manner TABC considers best. There have been calls to provide a separate option for peace officers if delivering the beverage to TABC is inefficient or inappropriate. H.B. 763 seeks to address this issue by authorizing peace officers to destroy or dispose of seized illicit alcoholic beverages. 

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. 763 amends the Alcoholic Beverage Code to authorize a peace officer, after seizing an illicit alcoholic beverage, to destroy or dispose of the beverage, its container, and its packaging.

EFFECTIVE DATE

September 1, 2021.