By Torres                                       H.B. No. 2815

      75R7206 LJR-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to private club registration permits for alcoholic

 1-3     beverages.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 11.38(d), Alcoholic Beverage Code, is

 1-6     amended to read as follows:

 1-7           (d)  The following are exempt from the fee authorized in this

 1-8     section:

 1-9                 (1)  agent's, airline beverage, passenger train

1-10     beverage, industrial, carrier's, private carrier's, [private club

1-11     registration,] local cartage, storage, and temporary wine and beer

1-12     retailer's permits;

1-13                 (2)  a wine and beer retailer's permit issued for a

1-14     dining, buffet, or club car; and

1-15                 (3)  a mixed beverage permit and a private club

1-16     registration permit during the three-year period following the

1-17     issuance of the  permit.

1-18           SECTION 2.  Section 32.01, Alcoholic Beverage Code, is

1-19     amended to read as follows:

1-20           Sec. 32.01.  AUTHORIZED ACTIVITIES.  [(a)]  A private club

1-21     registration permit authorizes alcoholic beverages belonging to

1-22     members of the club to be:

1-23                 (1)  stored, possessed, and mixed on the club premises;

1-24     and

 2-1                 (2)  served for on-premises consumption only to members

 2-2     of the club and their families and guests, by the drink or in

 2-3     sealed, unsealed, or broken containers of any legal size.

 2-4           [(b)  An applicant for or the holder of a private club

 2-5     registration permit may apply to the commission to have the

 2-6     activities authorized under the permit restricted to the storage

 2-7     and service of wine, beer, and malt liquor for members of the club.

 2-8     Except as otherwise provided by this chapter, an applicant for or

 2-9     the holder of a permit that is restricted under this subsection is

2-10     subject to all the requirements of this chapter.  The commission

2-11     may adopt rules as necessary to implement this subsection.]

2-12           SECTION 3.  Section 32.02, Alcoholic Beverage Code, is

2-13     amended to read as follows:

2-14           Sec. 32.02.  FEES.  (a)  Each private club registration

2-15     permittee shall pay an annual state fee for each separate place of

2-16     business.

2-17           (b)  The [annual state fee shall be computed at the election

2-18     of the permittee by using one of the following methods:]

2-19                 [(1)  A fee based on the highest number of members in

2-20     good standing during the year for which the permit fee is paid

2-21     according to the following rates:]

2-22                       [0 to     250 members - $  750]

2-23                       [251 to   450 members - $1,350]

2-24                       [451 to   650 members - $1,950]

2-25                       [651 to   850 members - $2,550]

2-26                       [851 to 1,000 members - $3,000]

2-27                       [Over 1,000 members   - $3 per member; or]

 3-1                 [(2)  Except as provided by Subsection (d) of this

 3-2     section, a] fee for an original private club registration permit is

 3-3     [of] $3,500.  The[, with a] fee for the first renewal of a private

 3-4     club registration permit is [of] $2,750.  The[, and a] fee for the

 3-5     second and each subsequent renewal of a private club registration

 3-6     permit is [of] $2,000.

 3-7           (c)  [A permittee who elects to compute the permit fee based

 3-8     on Subsection (b)(1) of this section may not alter the method by

 3-9     which the fee is calculated until the second renewal or a renewal

3-10     subsequent to the second renewal.]

3-11           [(d)  A permit holder who has elected to restrict the

3-12     holder's authorized activities under the permit as provided by

3-13     Section 32.01(b) of this code shall pay an original permit fee of

3-14     $1,500 and an annual renewal fee of $1,500.]

3-15           [(e)  No later than 90 days before the expiration of the year

3-16     for which the permit fee is paid, the permit holder may submit an

3-17     amended application with as much additional fee as is required

3-18     under the amended return.]

3-19           [(f)  For a permittee who holds a valid permit on the

3-20     effective date of this subsection and who elects to pay a permit

3-21     fee as provided by Subsection (b)(2) of this section, the fee for

3-22     renewal of that permit is:]

3-23                 [(1)  $2,750 for the first annual renewal since the

3-24     original permit was issued; and]

3-25                 [(2)  $2,000 for a renewal subsequent to the first

3-26     annual renewal.]

3-27           [(g)]  Fees collected under this section shall be deposited

 4-1     in the general revenue fund.

 4-2           SECTION 4.  Section 32.17(c), Alcoholic Beverage Code, is

 4-3     repealed.

 4-4           SECTION 5.  This Act takes effect September 1, 1997.

 4-5           SECTION 6.  The importance of this legislation and the

 4-6     crowded condition of the calendars in both houses create an

 4-7     emergency and an imperative public necessity that the

 4-8     constitutional rule requiring bills to be read on three several

 4-9     days in each house be suspended, and this rule is hereby suspended.