HBA-NLM H.B. 549 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 549
By: Goolsby
Licensing & Administrative Procedures
3/8/1999
Introduced



BACKGROUND AND PURPOSE 

In 1997, 30.4 percent of all traffic fatalities reported in Texas were
alcohol related and  of those fatalities, 12.5 percent involved individuals
under the age of 21.  In addition, the Texas School Survey of Substance Use
Among Students revealed that 75 percent of all high school students claim
that alcohol is "very (easy)" or "somewhat easy" to obtain.  

Establishments that allow the purchase of alcohol at drive-up windows may
be linked to both drunk driving and underage drinking. Drive-up liquor
windows are designed for quick and easy accessibility.  Conditions at
drive-up windows, such as low lighting and minimal interaction between
clerk and customers, are not conducive to the proper identification of
customers in determining who can legally purchase alcohol.  For these
reasons, drive-up windows may attract underage customers. 

H.B. 549 prohibits the holder of a license or permit issued under the
Alcoholic Beverage Code from selling alcoholic beverages in a manner that
allows a person to approach the exterior of the licensed or permitted
premises in a motor vehicle and purchase any alcoholic beverage for
off-premises consumption, unless the person exits from the vehicle or
enters the interior of the building in a motor vehicle. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 109, Alcoholic Beverage Code, by
adding Section 109.61, as follows: 

Sec. 109.61. DRIVE-UP WINDOW SALES PROHIBITED.  Prohibits the holder of a
license or permit issued under this code from selling alcoholic beverages
in a manner that allows a person to approach the exterior of the licensed
or permitted premises in a motor vehicle and purchase any alcoholic
beverage for off-premises consumption, unless the person exits from the
vehicle or enters the interior of the building in a motor vehicle. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.