By Janek H.B. No. 608
75R3046 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to allowing for the overnight delivery of certain
1-3 alcoholic beverage licenses or permits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.32, Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 Sec. 11.32. RENEWAL APPLICATION. (a) Renewal applications
1-8 shall be made under oath and shall contain all information
1-9 required by the commission or administrator showing that the
1-10 applicant is qualified to hold the permit.
1-11 (b) The application shall be accompanied by the required
1-12 bond and state fee.
1-13 (c) The commission or administrator may issue a renewal
1-14 permit if it is found that the applicant is qualified.
1-15 (d) A renewal applicant may request the commission to send a
1-16 renewal permit issued under this section to the applicant by an
1-17 overnight delivery service. The commission shall send the renewal
1-18 permit by an overnight delivery service if the applicant includes
1-19 with the application, required bond, and state fee, a fee in an
1-20 amount set by the commission under Section 5.50 for providing the
1-21 overnight delivery service.
1-22 SECTION 2. Section 11.35, Alcoholic Beverage Code, is
1-23 amended to read as follows:
1-24 Sec. 11.35. PAYMENT OF FEE. Each permit application must be
2-1 accompanied by a cashier's check or money order, payable to the
2-2 order of the comptroller, for:
2-3 (1) the amount of the state fee; and
2-4 (2) the amount of any additional fee, including a fee
2-5 for overnight delivery service[, payable to the order of the state
2-6 treasurer].
2-7 SECTION 3. Section 61.48, Alcoholic Beverage Code, is
2-8 amended to read as follows:
2-9 Sec. 61.48. RENEWAL APPLICATION. (a) An application to
2-10 renew a license shall be filed in writing with the assessor and
2-11 collector of taxes of the county in which the licensed premises are
2-12 located no earlier than 30 days before the license expires but not
2-13 after it expires. The application shall be signed by the applicant
2-14 and shall contain complete information required by the commission
2-15 showing that the applicant is not disqualified from holding a
2-16 license.
2-17 (b) A renewal applicant may request the commission to send a
2-18 renewal license issued under Section 61.49 to the applicant by an
2-19 overnight delivery service.
2-20 (c) The application shall be accompanied by:
2-21 (1) the appropriate license fee;
2-22 (2) [plus] a filing fee of $2; and
2-23 (3) a fee in an amount set by the commission under
2-24 Section 5.50 for providing overnight delivery service, if the
2-25 applicant requests the service.
2-26 (d) The assessor and collector of taxes shall deposit the $2
2-27 filing fee in the county treasury and shall account for it as a fee
3-1 of office.
3-2 (e) No applicant for a renewal may be required to pay any
3-3 fee other than a fee permitted by this section [license fees and
3-4 the filing fee] unless the applicant [he] is required by the
3-5 commission or administrator to submit to a renewal hearing before
3-6 the county judge.
3-7 SECTION 4. Section 61.49, Alcoholic Beverage Code, is
3-8 amended to read as follows:
3-9 Sec. 61.49. RENEWAL APPLICATION TRANSMITTED TO COMMISSION.
3-10 (a) When the renewal application has been filed in accordance with
3-11 Section 61.48 of this code, the assessor and collector of taxes
3-12 shall transmit to the commission the original copy of the
3-13 application plus a certification that all required fees have been
3-14 paid for the ensuing license period.
3-15 (b) On receiving the application and certification, the
3-16 commission or administrator may in its discretion issue a renewal
3-17 license or reject the application and require the applicant to file
3-18 an application with the county judge and submit to a hearing as is
3-19 required in the case of an original application.
3-20 (c) When an application for renewal is rejected, the
3-21 applicant is entitled to a refund of any license fee and overnight
3-22 delivery service fee that was paid to the assessor and collector of
3-23 taxes at the time the renewal application was filed.
3-24 (d) The commission shall send a renewal license issued under
3-25 this section by an overnight delivery service if the applicant
3-26 requests the service and includes the required fee for the
3-27 service.
4-1 SECTION 5. This Act takes effect September 1, 1997.
4-2 SECTION 6. The importance of this legislation and the
4-3 crowded condition of the calendars in both houses create an
4-4 emergency and an imperative public necessity that the
4-5 constitutional rule requiring bills to be read on three several
4-6 days in each house be suspended, and this rule is hereby suspended.