HBA-CMT, SEP H.B. 210 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 210
By: Longoria
Licensing & Administrative Procedures
4/11/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the state of Texas does not have existing laws that prohibit the
number of drinks containing alcoholic beverages that may be served to a
person by the holder of an alcoholic beverage license.  House Bill 210
provides a limitation on the number of alcoholic beverages served by the
holder of a alcoholic beverage permit or license to no more than two drinks
containing any alcoholic beverage to a person during each one-hour period. 

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 1 (Section 101.76, Alcoholic Beverage Code) of this bill.   

ANALYSIS

House Bill 210 amends the Alcoholic Beverage Code to prohibit the holder of
a permit or license that authorizes the holder to serve alcoholic beverages
from serving more than two drinks containing any alcoholic beverage to a
person during each one-hour period.  The bill authorizes the Texas
Alcoholic Beverage Commission to determine, by rule, the maximum amount of
alcohol that may be in a drink containing any alcoholic beverage served by
the permit or license holder in a one-hour period.  The bill provides that
a violation of this provision is a misdemeanor punishable by a fine of not
less than $100 or more than $500, by confinement in jail for not more than
a year, or by both.  If a person has been previously convicted under this
provision, a violation is a misdemeanor punishable by a fine of not less
than $500 or more than $1,000, by confinement in jail for not more than a
year, or by both.  

EFFECTIVE DATE

September 1, 2001.