By:  Kamel                                             H.B. No. 409
       73R384 PB-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain private club registration permits.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 32.01, Alcoholic Beverage Code, is
    1-5  amended to read as follows:
    1-6        Sec. 32.01.  Authorized Activities.  (a)  A private club
    1-7  registration permit authorizes alcoholic beverages belonging to
    1-8  members of the club to be:
    1-9              (1)  stored, possessed, and mixed on the club premises;
   1-10  and
   1-11              (2)  served for on-premises consumption only to members
   1-12  of the club and their families and guests, by the drink or in
   1-13  sealed, unsealed, or broken containers of any legal size.
   1-14        (b)  An applicant for or the holder of a private club
   1-15  registration permit may apply to the commission to have the
   1-16  activities authorized under the permit restricted to the storage
   1-17  and service of wine, beer, and malt liquor for members of the club.
   1-18  Except as otherwise provided by this chapter, an applicant for or
   1-19  the holder of a permit that is restricted under this subsection is
   1-20  subject to all the requirements of this chapter.  The commission
   1-21  may adopt rules as necessary to implement this subsection.
   1-22        SECTION 2.  Section 32.02, Alcoholic Beverage Code, is
   1-23  amended to read as follows:
   1-24        Sec. 32.02.  FEES <FEE>.  (a)  Each private club registration
    2-1  permittee shall pay an annual state fee for each separate place of
    2-2  business.
    2-3        (b)  The annual state fee shall be computed at the election
    2-4  of the permittee by using one of the following methods:
    2-5              (1)  A fee of $3 for each member entitled to privileges
    2-6  of the club during the permit year with a minimum fee of $750; or
    2-7              (2)  Except as provided by Subsection (d) of this
    2-8  section, a <A> fee for an original private club registration permit
    2-9  of $3,500, with a fee for the first renewal of a private club
   2-10  registration permit of $2,750, and a fee for the second and each
   2-11  subsequent renewal of a private club registration permit of $2,000.
   2-12        (c)  A permittee who elects to compute the permit fee based
   2-13  on Subsection (b)(1) of this section may not alter the method by
   2-14  which the fee is calculated until the second renewal or a renewal
   2-15  subsequent to the second renewal.
   2-16        (d)  A permit holder who has elected to restrict the holder's
   2-17  authorized activities under the permit as provided by Section
   2-18  32.01(b) of this code shall pay an original permit fee of $1,500
   2-19  and an annual renewal fee of $1,500.  <All fees collected pursuant
   2-20  to this section shall be deposited in the general revenue fund.>
   2-21        (e)  No later than 90 days before the expiration of the year
   2-22  for which the permit fee is paid, the permit holder may submit an
   2-23  amended application with as much additional fee as is required
   2-24  under the amended return.
   2-25        (f)  For a permittee who holds a valid permit on the
   2-26  effective date of this subsection <Act> and who elects to pay a
   2-27  permit fee as provided by Subsection (b)(2) of this section, the
    3-1  fee for renewal of that permit is:
    3-2              (1)  $2,750 for the first annual renewal since the
    3-3  original permit was issued; and
    3-4              (2)  $2,000 for a renewal subsequent to the first
    3-5  annual renewal.
    3-6        (g)  Fees collected under this section shall be deposited in
    3-7  the general revenue fund.
    3-8        SECTION 3.  Section 32.17, Alcoholic Beverage Code, is
    3-9  amended by adding Subsection (c) to read as follows:
   3-10        (c)  After notice and an opportunity for a hearing, the
   3-11  commission or administrator may cancel or suspend the private club
   3-12  registration permit of a permit holder who has restricted the
   3-13  holder's authorized activities under the permit as provided by
   3-14  Section 32.01(b) of this code on a determination that the permit
   3-15  holder is storing or serving alcoholic beverages to club members
   3-16  other than, or in addition to, wine, beer, and malt liquor.
   3-17        SECTION 4.  This Act takes effect September 1, 1993.
   3-18        SECTION 5.  The importance of this legislation and the
   3-19  crowded condition of the calendars in both houses create an
   3-20  emergency   and   an   imperative   public   necessity   that   the
   3-21  constitutional rule requiring bills to be read on three several
   3-22  days in each house be suspended, and this rule is hereby suspended.