1-1 By: Kamel (Senate Sponsor - Harris of Dallas) H.B. No. 409
1-2 (In the Senate - Received from the House March 30, 1993;
1-3 March 31, 1993, read first time and referred to Committee on State
1-4 Affairs; May 5, 1993, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; May 5, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to certain private club registration permits.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 32.01, Alcoholic Beverage Code, is
1-26 amended to read as follows:
1-27 Sec. 32.01. Authorized Activities. (a) A private club
1-28 registration permit authorizes alcoholic beverages belonging to
1-29 members of the club to be:
1-30 (1) stored, possessed, and mixed on the club premises;
1-31 and
1-32 (2) served for on-premises consumption only to members
1-33 of the club and their families and guests, by the drink or in
1-34 sealed, unsealed, or broken containers of any legal size.
1-35 (b) An applicant for or the holder of a private club
1-36 registration permit may apply to the commission to have the
1-37 activities authorized under the permit restricted to the storage
1-38 and service of wine, beer, and malt liquor for members of the club.
1-39 Except as otherwise provided by this chapter, an applicant for or
1-40 the holder of a permit that is restricted under this subsection is
1-41 subject to all the requirements of this chapter. The commission
1-42 may adopt rules as necessary to implement this subsection.
1-43 SECTION 2. Section 32.02, Alcoholic Beverage Code, is
1-44 amended to read as follows:
1-45 Sec. 32.02. FEES <FEE>. (a) Each private club registration
1-46 permittee shall pay an annual state fee for each separate place of
1-47 business.
1-48 (b) The annual state fee shall be computed at the election
1-49 of the permittee by using one of the following methods:
1-50 (1) A fee of $3 for each member entitled to privileges
1-51 of the club during the permit year with a minimum fee of $750; or
1-52 (2) Except as provided by Subsection (d) of this
1-53 section, a <A> fee for an original private club registration permit
1-54 of $3,500, with a fee for the first renewal of a private club
1-55 registration permit of $2,750, and a fee for the second and each
1-56 subsequent renewal of a private club registration permit of $2,000.
1-57 (c) A permittee who elects to compute the permit fee based
1-58 on Subsection (b)(1) of this section may not alter the method by
1-59 which the fee is calculated until the second renewal or a renewal
1-60 subsequent to the second renewal.
1-61 (d) A permit holder who has elected to restrict the holder's
1-62 authorized activities under the permit as provided by Section
1-63 32.01(b) of this code shall pay an original permit fee of $1,500
1-64 and an annual renewal fee of $1,500. <All fees collected pursuant
1-65 to this section shall be deposited in the general revenue fund.>
1-66 (e) No later than 90 days before the expiration of the year
1-67 for which the permit fee is paid, the permit holder may submit an
1-68 amended application with as much additional fee as is required
2-1 under the amended return.
2-2 (f) For a permittee who holds a valid permit on the
2-3 effective date of this subsection <Act> and who elects to pay a
2-4 permit fee as provided by Subsection (b)(2) of this section, the
2-5 fee for renewal of that permit is:
2-6 (1) $2,750 for the first annual renewal since the
2-7 original permit was issued; and
2-8 (2) $2,000 for a renewal subsequent to the first
2-9 annual renewal.
2-10 (g) Fees collected under this section shall be deposited in
2-11 the general revenue fund.
2-12 SECTION 3. Section 32.17, Alcoholic Beverage Code, is
2-13 amended by adding Subsection (c) to read as follows:
2-14 (c) After notice and an opportunity for a hearing, the
2-15 commission or administrator may cancel or suspend the private club
2-16 registration permit of a permit holder who has restricted the
2-17 holder's authorized activities under the permit as provided by
2-18 Section 32.01(b) of this code on a determination that the permit
2-19 holder is storing or serving alcoholic beverages to club members
2-20 other than, or in addition to, wine, beer, and malt liquor.
2-21 SECTION 4. This Act takes effect September 1, 1993.
2-22 SECTION 5. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.
2-27 * * * * *
2-28 Austin,
2-29 Texas
2-30 May 5, 1993
2-31 Hon. Bob Bullock
2-32 President of the Senate
2-33 Sir:
2-34 We, your Committee on State Affairs to which was referred H.B.
2-35 No. 409, have had the same under consideration, and I am instructed
2-36 to report it back to the Senate with the recommendation that it do
2-37 pass and be printed.
2-38 Harris of
2-39 Dallas, Chairman
2-40 * * * * *
2-41 WITNESSES
2-42 No witnesses appeared on H.B. No. 409.