HBA-DMH C.S.H.B. 3462 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3462
By: Reyna, Arthur
Licensing & Administrative Procedures
4/10/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a person may purchase wine from a winery locally or in
another state and bring the wine home.  However a person may not purchase
wine and have the wine shipped to his or her home.  C.S.H.B. 3462
authorizes a person to purchase wine and ship or have it shipped to that
person's residence.  

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

C.S.H.B. 3462 amends the Alcoholic Beverage Code to authorize a person who
purchases wine while at a winery  to ship or have it shipped to the
person's residence.  The bill provides that the person purchasing the wine
must be present when the wine is delivered to the person's residence.  The
bill prohibits the holder of a nonresident seller's permit from shipping
alcohol or causing alcohol to be shipped to a resident under transportation
and importation provisions. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3462 differs from the original bill to no longer require the wine
being purchased or shipped to be for personal use.  The substitute
prohibits the holder of a nonresident seller's permit from shipping alcohol
or causing alcohol to be shipped to a resident under transportation and
importation provisions.  The substitute removes the provision that the
person making the sale has verified that the person purchasing the wine is
21 years of age or older.