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.