HBA-TBM, DMH C.S.H.B. 2038 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2038
By: Haggerty
Licensing & Administrative Procedures
5/7/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, specified permit holders may obtain a private carrier permit to
transport alcoholic beverages in vehicles owned or leased in good faith by
the holder if the transportation is for a lawful purpose.  C.S.H.B. 2038
adds the privileges granted under the private carrier permit to specified
permits if the permittees provide certain vehicle access to the Texas
Alcoholic Beverage Commission, and properly designate vehicles used for the
transportation of alcoholic beverages. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Alcoholic Beverage Commission
in SECTION 15 (Section 20.03, Alcoholic Beverage Code) and SECTION 17
(Section 21.03, Alcoholic Beverage Code) of this bill.  

ANALYSIS

C.S.H.B. 2038 amends the Alcoholic Beverage Code to grant to the holder of
a brewer's permit, distiller's and rectifier's permit, winery permit, wine
bottler's permit, and specified wholesaler's permits (permit holders)
certain transportation privileges previously granted under the private
carrier permit (Secs. 12.06, 14.04, 16.08, 18.04, 19.05, 20.03, and 21.03).
The bill provides that a vehicle used by a permit holder for the
transportation of alcoholic beverages must be available for inspection by
the Texas Alcoholic Beverage Commission (commission) on request (Secs.
12.07, 14.05, 16.09, 18.05, 19.06, 20.04, and 21.04).  Except for winery
permit holders, the bill provides that the exterior of each vehicle used by
a permit holder for the transportation of alcoholic beverages within the
state must be designated as required by the commission (Secs. 12.08, 14.06,
18.06, 19.07, 20.05, and 21.05). 

The bill increases the annual fee for a permit holder by $30 (Secs. 12.02,
14.02, 16.02, 18.02, 19.02, 20.02, and 21.02).  The bill repeals law
relating to the private carrier permit (SECTION 19).  

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2038 differs from the original by removing the authority granted
by the original bill to transport ale, malt liquor, or liquor in a vehicle
owned or leased by the holder of an agent's permit.