HBA-CMT H.B. 269 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 269
By: Berman
Licensing & Administrative Procedures
7/17/2001
Enrolled



BACKGROUND AND PURPOSE 

Under previous law, an offender selling alcohol in a dry area was only
ticketed and subject to a minimal fine.  Since there were no extended
repercussions for an offender committing the crime multiple times,  a
repeat offender or bootlegger may have considered the penalty an
insignificant service fee and continued committing what could be a
profitable offense.  House Bill 269 establishes the penalty for bootlegging
as a Class B misdemeanor and as a state jail felony for multiple
convictions of bootlegging.  

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. 

ANALYSIS

House Bill 269 amends the Alcoholic Beverage Code to provide that a person
commits a Class B misdemeanor offense if the person in a dry area
manufactures, distills, brews, sells, imports into the state, exports from
the state, transports, distributes, warehouses, stores, solicits or takes
orders for, or possesses with intent to sell an alcoholic beverage.  The
bill also provides that it is a state jail felony offense if it is shown at
the trial that the person has two or more previous convictions for the
offense.   

The bill requires the Texas Alcoholic Beverage Commission to compile a
listing of the precincts, municipalities, and counties that are dry areas
for the purpose of identifying the areas affected by the change in law made
by this bill. 

EFFECTIVE DATE

September 1, 2001.