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House Licensing & Administrative Procedures met on March 24 to take up a number of bills. This report covers HB 2119 (Burrows), HB 2127 (Turner, C. et al.) and HB 2168 (Krause).

 

This report is intended to give you an overview and highlight of the discussions on the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

Vote Out

HB 1650 (Schaefer) (7-0)

 

HB 2119 (Burrows) (CS) – Relating to the regulation of restaurants and third-party food delivery services, including the issuance of certain permits to restaurants

  • Burrows – Some third-party delivery services have misled customers to believe there is a contract between themselves and restaurants
  • Bill prohibits the use of the restaurant’s mark or trade name in connection with the service in a misleading way
  • Prohibits a third-party delivery company from re-adding a restaurant to their services unless a company has received written consent
  • Prohibits the service from requiring a fee from the restaurant
  • Requires the service to remove a restaurant from their service within 10 days of receiving a request to be removed
  • Establishes terms of agreement between the third-party and the restaurant
  • Creates a clear definition of restaurant and prevents local government from adopting ordinances that effect the terms of agreement
  • CS gives those who qualify under the new definition of restaurant an alternate way to obtain food/beverage certificates
  • CS removes language that required third-party delivery services to express the alteration of a restaurant’s pricing
  • CS removes fiscal note for DSHS by removing the delivery food service accreditation program

 

Kelsey Erickson Streufert, Texas Restaurant Association – For

  • Restaurants were “decimated” by the pandemic; this bill is critical to the recovery of restaurants
  • Takeout and delivery have accelerated because of the pandemic
  • Were careful to draft the bill to ensure those who do not meet the definition of restaurant do not lose any existing permit eligibility or rights under current law
  • Thanks third-party delivery services for helping on this bill including Uber Eats, Grubhub, DoorDash, and Favor

HB 2119 left pending

 

HB 2127 (Turner, Chris et al.) – Relating to consumption of alcoholic beverages in public entertainment facilities and zones

  • Turner – Is a bill for the city of Grand Prairie, but can be helpful statewide
  • Amends code to allow for a new category of venue; “public entertainment zones”, to allow for the purchase of alcohol from different licensed venues within the zone
  • Would be 18 cities who could take advantage of this, but would be a local decision

 

Ron Jenson, Mayor Grand Prairie – For

  • Allows to add an amenity to their entertainment district; overviews the construction plans for the city
  • Will have police protection within the area and signage; TABC want us to get this bill because it provides clarity

 

Turner, in closing

  • Is a continuation of efforts from previous sessions

HB 2127 left pending

 

HB 2168 (Krause) (CS) – Relating to ticket sales for charitable raffles conducted by the charitable foundations of certain professional sports teams

  • Krause – Geren led the effort to do the 50/50 raffle program, but the proceeds have been hurt by the pandemic; would allow purchase within the state by internet either at the game, or at home

 

Karin Morris, Texas Rangers Baseball Foundation, Cowboys, Astros, Rockets, Spurs – For

  • $6 million a year goes back to charity a year due to the 50/50 program
  • This bill is helping expand raffle operations; reality is that it is difficult to get full capacity at these games right now
    • Rangers will attempt to have 100% capacity
  • Will be a move to a more COVID-19-friednly operation due to expanding to credit card option
  • Geren – How to verify purchases are only in Texas?
    • Work with a raffle operation entity that targets ISP origination; use purchase information to confirm zip code is within the state
  • Geren – Is only for when the team has a home game?
    • Correct

 

Rob Kohler, Christian Life Convention – Against

  • Worked for the 50/50 raffle in 2015, and were supportive of that
  • Bill would allow an electronic raffle statewide, so is not as simple as a pandemic response
  • How do you verify someone is within the state or if they are of appropriate age
  • Urges members to vote against this bill

 

Krause, in closing

  • Understands Kohler’s concerns, this is opening up the expansion of good for charity

HB 2168 left pending

 

Closing Remarks

  • Thompson – Will have a meeting next week to vote out bills

 

Subcommittee on Business and Occupational Regulations Members:

Huberty – Chair

Darby

Geren

Hernandez

Fierro

  • Bills referred: HB 166, HB 170, HB 1655, HB 2054, HB 2285, HB 2512, HB 3520, and HJR 33

Subcommittee on Alcohol Regulation Members:

Kuempel – Chair

Goldman

Guillen

Ellzey

Pacheco

  • Bills referred: HB 937, HB 1299, HB 1519, HB 1551, HB 1734, HB 2332, HB 2890, and HB 2945