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.