BILL ANALYSIS Senate Research Center S.B. 1044 81R2665 MCK-D By: Gallegos Business & Commerce 4/10/2009 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently, the Alcoholic Beverage Code authorizes a holder of a wholesaler permit or local distributor's permit to sell, offer for sale, or deliver liquor to a retailer between 5 a.m. and 9 p.m. on any day except Sunday and Christmas Day. Also, the Alcoholic Beverage Code authorizes a holder of a general, local, or branch distributor's license to sell, offer for sale, or deliver beer beginning at 5 a.m., except for counties of 1.8 million or more or in an adjacent county thereto, which may sell, or offer for sale, or deliver beer beginning at 4 a.m. on any day except Sunday. As proposed, S.B. 1044 authorizes a holder of a wholesaler permit or local distributor's permit to sell, offer for sale, or deliver liquor to a retailer anytime except on Sunday or Christmas Day. The bill also authorizes the holder of a general, local, or branch distributor's license to sell, offer for sale, or deliver beer 24 hours a day Monday through Saturday, and between midnight and 1 a.m. and between noon and midnight on Sunday. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 105.02(a), Alcoholic Beverage Code, to authorize a wholesaler or a local distributor's permittee to sell, offer for sale, or deliver liquor to a retailer anytime, rather than between 5 a.m. and 9 p.m. on any day, except Sunday and Christmas Day. SECTION 2. Amends Section 105.051, Alcoholic Beverage Code, as follows: Sec. 105.051. SALE OF BEER BY DISTRIBUTOR'S LICENSEE. Authorizes the holder of a general, local, or branch distributor's license to sell, offer for sale, or deliver beer 24 hours a day Monday through Saturday and between midnight and 1 a.m. and between noon and midnight on Sunday. Deletes existing text authorizing the holder of a general, local, or branch distributor's license to sell, offer for sale, or deliver beer beginning at 5 a.m. on any day except Sunday, in addition to the hours specified for the sale of beer in Section 105.05(b) of this code. SECTION 3. Repealer: Section 105.052 (Sale of Beer by Distributor's Licensee in Certain Metropolitan Areas), Alcoholic Beverage Code. SECTION 4. Effective date: upon passage or September 1, 2009.
BILL ANALYSIS
Senate Research Center S.B. 1044
81R2665 MCK-D By: Gallegos
Business & Commerce
4/10/2009
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, the Alcoholic Beverage Code authorizes a holder of a wholesaler permit or local distributor's permit to sell, offer for sale, or deliver liquor to a retailer between 5 a.m. and 9 p.m. on any day except Sunday and Christmas Day. Also, the Alcoholic Beverage Code authorizes a holder of a general, local, or branch distributor's license to sell, offer for sale, or deliver beer beginning at 5 a.m., except for counties of 1.8 million or more or in an adjacent county thereto, which may sell, or offer for sale, or deliver beer beginning at 4 a.m. on any day except Sunday.
As proposed, S.B. 1044 authorizes a holder of a wholesaler permit or local distributor's permit to sell, offer for sale, or deliver liquor to a retailer anytime except on Sunday or Christmas Day. The bill also authorizes the holder of a general, local, or branch distributor's license to sell, offer for sale, or deliver beer 24 hours a day Monday through Saturday, and between midnight and 1 a.m. and between noon and midnight on Sunday.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 105.02(a), Alcoholic Beverage Code, to authorize a wholesaler or a local distributor's permittee to sell, offer for sale, or deliver liquor to a retailer anytime, rather than between 5 a.m. and 9 p.m. on any day, except Sunday and Christmas Day.
SECTION 2. Amends Section 105.051, Alcoholic Beverage Code, as follows:
Sec. 105.051. SALE OF BEER BY DISTRIBUTOR'S LICENSEE. Authorizes the holder of a general, local, or branch distributor's license to sell, offer for sale, or deliver beer 24 hours a day Monday through Saturday and between midnight and 1 a.m. and between noon and midnight on Sunday. Deletes existing text authorizing the holder of a general, local, or branch distributor's license to sell, offer for sale, or deliver beer beginning at 5 a.m. on any day except Sunday, in addition to the hours specified for the sale of beer in Section 105.05(b) of this code.
SECTION 3. Repealer: Section 105.052 (Sale of Beer by Distributor's Licensee in Certain Metropolitan Areas), Alcoholic Beverage Code.
SECTION 4. Effective date: upon passage or September 1, 2009.