NDT H.B. 2816 75(R)BILL ANALYSIS


LICENSING & ADMINISTRATIVE PROCEDURES
H.B. 2816
By: Torres
4-14-97
Committee Report (Unamended)



BACKGROUND 

The Alcoholic Beverage Code states that all permits and licenses shall
expire one year after the date of issuance, except as otherwise provided
by the code.   6.02 of the code  provides for the coordination and change
of expiration dates for a licensee or permittee.  In applying  6.02, a
licensing period may be less than a year, but may not be more.   6.02 also
prohibits the Alcoholic Beverage Commission from abating or refunding a
license or permit fee because of a change in the expiration date. 

PURPOSE

House Bill 2816 requires all secondary permits held by a primary permit
holder to have the same expiration date.  This simplifies the renewal
process and filing system for the Commission, and helps the applicant keep
track of the expiration dates of the licenses and permits held.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends  11.09, Alcoholic Beverage Code to require that any
secondary permit held by a primary permit holder expires on the same date
as the primary permit.  The commission shall not prorate or refund any
part of the secondary permit fee because the permit expires in less than
one year. 

SECTION 2.  Amends  61.03, Alcoholic Beverage Code to require that any
secondary permit held by a primary permit holder expires on the same date
as the primary permit.  The commission shall not prorate or refund any
part of the secondary permit fee because the permit expires in less than
one year 

SECTION 3.  Effective date.  September 1, 1997.

SECTION 4.  Emergency clause.