BILL ANALYSIS

 

 

Senate Research Center

S.B. 585

 

By: Springer

 

Business & Commerce

 

4/30/2021

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law allows the sale of wine and beer at retailers between 9:00 a.m. and midnight on any day except Sunday. Similarly, bars and restaurants may sell beer and wine between 7:00 a.m. and 2:00 a.m. on any day except Sunday. On Sunday, restaurants cannot sell beer or wine until 10:00 a.m. However, retailers cannot sell wine and beer until noon, causing frustration with Sunday morning grocery shoppers.

 

The time differential causes a loss of revenue and economic activity, especially from out-of-state vacationers who are not familiar with Texas law. Modernization of alcohol sale laws would also benefit distributors and restaurants that specialize in breakfast cuisine.

 

This bill updates the Alcoholic Beverage Code to allow for the sale of beer and wine on Sundays to approximate that of restaurants for the sake of clarity and consistency. The legislation allows for the sale of beer and wine to begin at 10:00 a.m. by certain license and permit holders as prescribed by the bill.

 

As proposed, S.B. 585 amends current law relating to the sale of wine and beer on Sundays.

 

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 24.07, Alcoholic Beverage Code, to authorize a holder of a wine only package store permit who also holds a retail dealer's off-premise license for the same location to remain open and sell ale, wine, vinous liquors, and beer, for off-premises consumption only, on any day and during the same hours as those prescribed for the sale of beer under Section 105.05 (Hours of Sale: Beer), rather than during the same hours that the holder of a wine and beer retailer's permit may sell ale, beer, and wine. Makes a nonsubstantive change.

 

SECTION 2. Amends Section 105.04, Alcoholic Beverage Code, to delete existing text prohibiting alcoholic beverages sold under a wine and beer retailer's permit or a wine and beer retailer's off-premise permit from being sold between 2 a.m. and noon on Sunday.

 

SECTION 3. Amends Section 105.05(b), Alcoholic Beverage Code, as follows:

 

(b) Authorizes a person, on Sunday, to sell beer between midnight and 1:00 a.m. and between noon and midnight, except for certain situations, including that holders of a retail dealer's on-premise license or a retail dealer's off-premise license are authorized to also sell beer for off-premise consumption between 10:00 a.m. and noon. Makes nonsubstantive changes.

 

SECTION 4. Effective date: September 1, 2021.