Texas 2021 87th Regular

Texas House Bill HB763 Analysis / Analysis

Filed 05/07/2021

                    BILL ANALYSIS        Senate Research Center   H.B. 763     87R4925 MCF-D   By: Toth (Zaffirini)         Business & Commerce         5/7/2021         Engrossed          AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   Peace officers currently are required to deliver seized illicit alcoholic beverages to the Texas Alcoholic Beverage Commission (TABC) for immediate sale. Delivering the beverage to TABC can be inefficient or unnecessary, however, necessitating an appropriate alternative. H.B. 763 would authorize a peace officer to destroy or dispose of an illicit alcoholic beverage, its container, and its packaging after seizure, rather than delivering it to TABC.    H.B. 763 amends current law relating to the handling of illicit alcoholic beverages seized by a peace officer.   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 103.06, Alcoholic Beverage Code, as follows:   Sec. 103.06. New heading: BEVERAGE SEIZED BY PEACE OFFICER. Requires that any alcoholic beverage, its container, and its packaging which has been seized by a peace officer, as provided in Section 103.03 (Seizure of Illicit Beverages, etc.), be destroyed or disposed of by a peace officer or be delivered to the Texas Alcoholic Beverage Commission for certain purposes. Makes nonsubstantive changes.   SECTION 2. Effective date: September 1, 2021. 

BILL ANALYSIS

 

 

Senate Research Center H.B. 763
87R4925 MCF-D By: Toth (Zaffirini)
 Business & Commerce
 5/7/2021
 Engrossed

Senate Research Center

H.B. 763

87R4925 MCF-D

By: Toth (Zaffirini)

 

Business & Commerce

 

5/7/2021

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Peace officers currently are required to deliver seized illicit alcoholic beverages to the Texas Alcoholic Beverage Commission (TABC) for immediate sale. Delivering the beverage to TABC can be inefficient or unnecessary, however, necessitating an appropriate alternative. H.B. 763 would authorize a peace officer to destroy or dispose of an illicit alcoholic beverage, its container, and its packaging after seizure, rather than delivering it to TABC. 

 

H.B. 763 amends current law relating to the handling of illicit alcoholic beverages seized by a peace officer.

 

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 103.06, Alcoholic Beverage Code, as follows:

 

Sec. 103.06. New heading: BEVERAGE SEIZED BY PEACE OFFICER. Requires that any alcoholic beverage, its container, and its packaging which has been seized by a peace officer, as provided in Section 103.03 (Seizure of Illicit Beverages, etc.), be destroyed or disposed of by a peace officer or be delivered to the Texas Alcoholic Beverage Commission for certain purposes. Makes nonsubstantive changes.

 

SECTION 2. Effective date: September 1, 2021.