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.