By: Wentworth S.B. No. 1750
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the authority of a county to impose a tax on certain
1-2 mixed alcoholic beverages and to the use of the resulting revenue
1-3 for law enforcement purposes.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 5, Alcoholic Beverage Code, is amended by
1-6 adding Chapter 207 to read as follows:
1-7 CHAPTER 207. COUNTY TAXATION OF MIXED BEVERAGES
1-8 Sec. 207.001. DEFINITIONS. In this chapter:
1-9 (1) "Alcoholic beverage" has the meaning assigned by
1-10 Section 1.04.
1-11 (2) "Mixed beverage" has the meaning assigned by
1-12 Section 1.04.
1-13 (3) "Permittee" has the meaning assigned by Section
1-14 183.001, Tax Code.
1-15 Sec. 207.002. TAX AUTHORIZED. (a) A county by order of the
1-16 commissioners court may impose a tax at the rate of one percent on
1-17 the gross receipts of a permittee received from the sale,
1-18 preparation, or service of mixed beverages within the county or
1-19 from the sale, preparation, or service of ice or nonalcoholic
1-20 beverages that are sold, prepared, or served for the purpose of
1-21 being mixed with an alcoholic beverage and consumed on the premises
1-22 of the permittee within the county.
2-1 (b) The tax authorized by this chapter does not apply to the
2-2 gross receipts of a permittee unless the tax imposed by Chapter
2-3 183, Tax Code, also applies to the gross receipts.
2-4 (c) The credits and refunds provided by Section 183.055, Tax
2-5 Code, also apply to the tax authorized by this chapter.
2-6 Sec. 207.003. COLLECTION OF TAX. (a) A permittee subject
2-7 to the tax imposed under this chapter shall:
2-8 (1) collect the tax for the benefit of the county; and
2-9 (2) report and send the taxes collected to the county
2-10 as provided by the order imposing the tax.
2-11 (b) A county by order may prescribe penalties, including
2-12 interest charges, for failure to keep records required by the
2-13 county, to report when required, or to pay the tax when due.
2-14 (c) The attorney acting for the county may bring suit
2-15 against a person who fails to collect a tax under this chapter and
2-16 to pay it to the county as required.
2-17 (d) A county by order may allow a permittee who is required
2-18 to collect a tax under this chapter to retain a percentage of the
2-19 amount collected and required to be reported as reimbursement to
2-20 the permittee for the costs of collecting the tax. The county may
2-21 provide that the permittee may retain the amount only if the
2-22 permittee pays the tax and files reports as required by the county.
2-23 Sec. 207.004. DEPOSIT OF TAX REVENUE. (a) A county shall
2-24 deposit revenue from a tax imposed under this chapter in a special
2-25 fund in the county treasury to be administered by the commissioners
2-26 court.
3-1 (b) The commissioners court may use money in the fund only
3-2 for law enforcement and corrections purposes.
3-3 Sec. 207.005. EFFECTIVE DATE OF TAX. A tax imposed under
3-4 this chapter or a change in the tax rate takes effect on the date
3-5 prescribed by the order imposing the tax or changing the rate.