Texas 2021 87th Regular

Texas House Bill HB763 Analysis / Analysis

Filed 04/06/2021

                    BILL ANALYSIS             H.B. 763     By: Toth     Licensing & Administrative Procedures     Committee Report (Unamended)             BACKGROUND AND PURPOSE    After an illicit alcoholic beverage has been seized, a peace officer is currently required to deliver the beverage to the Texas Alcoholic Beverage Commission (TABC) for immediate sale in the manner TABC considers best. There have been calls to provide a separate option for peace officers if delivering the beverage to TABC is inefficient or inappropriate. H.B. 763 seeks to address this issue by authorizing peace officers to destroy or dispose of seized illicit alcoholic beverages.        CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.       RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.       ANALYSIS    H.B. 763 amends the Alcoholic Beverage Code to authorize a peace officer, after seizing an illicit alcoholic beverage, to destroy or dispose of the beverage, its container, and its packaging.       EFFECTIVE DATE    September 1, 2021.          

BILL ANALYSIS

# BILL ANALYSIS

 

 

 

H.B. 763
By: Toth
Licensing & Administrative Procedures
Committee Report (Unamended)

H.B. 763

By: Toth

Licensing & Administrative Procedures

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE    After an illicit alcoholic beverage has been seized, a peace officer is currently required to deliver the beverage to the Texas Alcoholic Beverage Commission (TABC) for immediate sale in the manner TABC considers best. There have been calls to provide a separate option for peace officers if delivering the beverage to TABC is inefficient or inappropriate. H.B. 763 seeks to address this issue by authorizing peace officers to destroy or dispose of seized illicit alcoholic beverages.
CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS    H.B. 763 amends the Alcoholic Beverage Code to authorize a peace officer, after seizing an illicit alcoholic beverage, to destroy or dispose of the beverage, its container, and its packaging.
EFFECTIVE DATE    September 1, 2021.

BACKGROUND AND PURPOSE 

 

After an illicit alcoholic beverage has been seized, a peace officer is currently required to deliver the beverage to the Texas Alcoholic Beverage Commission (TABC) for immediate sale in the manner TABC considers best. There have been calls to provide a separate option for peace officers if delivering the beverage to TABC is inefficient or inappropriate. H.B. 763 seeks to address this issue by authorizing peace officers to destroy or dispose of seized illicit alcoholic beverages. 

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY 

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS 

 

H.B. 763 amends the Alcoholic Beverage Code to authorize a peace officer, after seizing an illicit alcoholic beverage, to destroy or dispose of the beverage, its container, and its packaging.

 

EFFECTIVE DATE 

 

September 1, 2021.