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.