Texas 2019 - 86th Regular

Texas House Bill HB2790

Caption

Relating to prima facie evidence of the intent to sell certain alcoholic beverages.

Impact

The impact of HB 2790 on state laws is significant, particularly in the alcohol distribution and sale sector. The repeal of Section 101.32 could affect how sellers demonstrate their intent to sell alcoholic beverages and how such intent is evaluated by regulatory bodies. This change may facilitate less stringent evidence requirements for sellers but could also raise concerns about potential abuse or misinterpretation by those looking to circumvent existing regulations. Overall, this could lead to a shift in enforcement practices and the way compliance is monitored across the state.

Summary

House Bill 2790 addresses the legal framework surrounding the intent to sell certain alcoholic beverages by proposing the repeal of Section 101.32 of the Alcoholic Beverage Code. This legislation is aimed at clarifying the prima facie evidence requirements that relate to the sale of alcoholic beverages, which are vital for ensuring compliance with the state's existing alcohol regulations. By removing this provision, the bill seeks to simplify the legal process associated with the intent to sell, which could have implications for both sellers and enforcement agencies making determinations regarding compliance.

Sentiment

The sentiment surrounding HB 2790 appears to be generally supportive, as indicated by the unanimous passage in both the House and Senate. This reflection of consensus suggests that legislators recognize the need for clarity in the legal standards associated with alcohol sales. However, discussions around the bill may also imply concerns regarding the potential for misuse of the relaxed standards, if not properly monitored. As a result, while there is favor for simplifying the legal framework, there remains an underlying wariness about ensuring that regulatory standards are upheld.

Contention

While the bill appears to have gained broad support, there is an underlying tension regarding the potential consequences of repeal of the prima facie evidence requirements. The contention lies in balancing the need for easier compliance for sellers against the risks of undermining regulatory enforcement. Some lawmakers and regulatory advocates may voice concerns about how this change might allow for greater discretion among sellers and complicate the state's efforts to maintain control over the sale of alcoholic beverages. This tension indicates a need for careful consideration of the implications of such legislative changes.

Companion Bills

TX SB2165

Same As Relating to prima facie evidence of the intent to sell certain alcoholic beverages.

Previously Filed As

TX SB1808

Relating to the sale of certain alcoholic beverages to ultimate consumers.

TX HB1670

Relating to the hours for the sale or delivery of certain alcoholic beverages.

TX HB3339

Relating to the sale and regulation of alcoholic beverages by certain retailers.

TX HB4685

Relating to the sale by certain alcoholic beverage permit holders of wine or liquor at a cost below the cost to the seller.

TX HB1346

Relating to a local option election to allow the sale of certain alcoholic beverages on Sunday.

TX HB115

Relating to the offense of public consumption of alcoholic beverages during certain hours.

TX SB2170

Relating to the offense of public consumption of alcoholic beverages during certain hours.

TX HB4426

Relating to the delivery of alcoholic beverages from certain premises to the ultimate consumer.

TX SB1883

Relating to the delivery of alcoholic beverages from certain premises to the ultimate consumer.

TX HB1825

Relating to the consumption, possession, and sale of alcoholic beverages at certain performing arts facilities owned by certain school districts.

Similar Bills

No similar bills found.