HBA-BSM C.S.H.B. 2490 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2490
By: Goolsby
Licensing & Administrative Procedures
5/8/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, there is some concern that the Texas Alcoholic Beverage
Commission (TABC) cannot examine applications and requests for alcoholic
beverage licenses and permits with the necessary attention and focus each
application or request should receive. TABC also cannot process each
application or request for a license or permit in a timely manner.
Lengthening the expiration dates after the date of the original expiration
date for alcoholic beverage licenses and permits while proportionally
increasing fees for such licenses and permits would reduce the amount of
paperwork for TABC and maintain necessary revenue. C.S.H.B. 2490 authorizes
TABC to adopt rules that allow a permit or licence holder to choose an
expiration date for the permit or license if the fee for such licenses or
permits is increased proportionately.  

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 11.09, Alcoholic Beverage Code) and SECTION 2
(Section 61.03, Alcoholic Beverage Code) of this bill. 

ANALYSIS

C.S.H.B. 2490 amends the Alcoholic Beverage Code to authorize the Texas
Alcoholic Beverage Commission (TABC) to adopt rules that allow a person who
applies for or renews a type of permit or license designated by TABC to
choose an expiration date for a permit or a  license that falls on an
anniversary of the  date the permit or license would otherwise expire if
the fee for the permit or license is increased proportionately. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2490 modifies the original bill to authorize the Texas Alcoholic
Beverage Commission (TABC) to adopt rules that allow a person to choose the
expiration date for a type of permit or license.  The original bill
authorized TABC by rule to extend the expiration date by two or more years.