76R14700 MCK-D By Armbrister S.B. No. 170 Substitute the following for S.B. No. 170: By Wilson C.S.S.B. No. 170 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to cancelling or prohibiting the issuance of certain 1-3 original or renewal alcoholic beverage permits or licenses for 1-4 nonpayment of ad valorem taxes. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 11.38, Alcoholic Beverage Code, is 1-7 amended by adding Subsections (e) and (f) to read as follows: 1-8 (e) The commission or administrator may cancel or deny a 1-9 permit for the retail sale or service of alcoholic beverages, 1-10 including a permit held by the holder of a food and beverage 1-11 certificate, if it finds that the permit holder or applicant has 1-12 not paid delinquent ad valorem taxes due on that permitted premises 1-13 or due from a business operated on that premises to any taxing 1-14 authority in the county of the premises. For purposes of this 1-15 subsection, a permit holder or applicant is presumed delinquent in 1-16 the payment of taxes due if the permit holder or applicant: 1-17 (1) is placed on a delinquent tax roll prepared under 1-18 Section 33.03, Tax Code; 1-19 (2) has received a notice of delinquency under Section 1-20 33.04, Tax Code; and 1-21 (3) has not made a payment required under Section 1-22 42.08, Tax Code. 1-23 (f) In this section, "applicant" has the meaning assigned by 2-1 Section 11.45. 2-2 SECTION 2. Section 61.36, Alcoholic Beverage Code, is 2-3 amended by adding Subsections (d) and (e) to read as follows: 2-4 (d) The commission or administrator may cancel or deny a 2-5 license for the retail sale of alcoholic beverages, including a 2-6 license held by the holder of a food and beverage certificate, if 2-7 it finds that the license holder or applicant has not paid 2-8 delinquent ad valorem taxes due on that licensed premises or due 2-9 from a business operated on that premises to any taxing authority 2-10 in the county of the premises. For purposes of this subsection, a 2-11 license holder or applicant is presumed delinquent in the payment 2-12 of taxes due if the license holder or applicant: 2-13 (1) is placed on a delinquent tax roll prepared under 2-14 Section 33.03, Tax Code; 2-15 (2) has received a notice of delinquency under Section 2-16 33.04, Tax Code; and 2-17 (3) has not made a payment required under Section 2-18 42.08, Tax Code. 2-19 (e) In this section, "applicant" has the meaning assigned by 2-20 Section 11.45. 2-21 SECTION 3. This Act takes effect September 1, 1999. 2-22 SECTION 4. 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.