1-1     By:  Hawley (Senate Sponsor - Armbrister)              H.B. No. 337
 1-2           (In the Senate - Received from the House April 17, 2001;
 1-3     April 18, 2001, read first time and referred to Committee on
 1-4     Business and Commerce; May 3, 2001, reported favorably by the
 1-5     following vote:  Yeas 5, Nays 0; May 3, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to cancelling or prohibiting the issuance of certain
 1-9     original or renewal alcoholic beverage permits or licenses for
1-10     nonpayment of ad valorem taxes.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 11.38, Alcoholic Beverage Code, is
1-13     amended by adding Subsections (e) and (f) to read as follows:
1-14           (e)  The commission or administrator may cancel or deny a
1-15     permit for the retail sale or service of alcoholic beverages,
1-16     including a permit held by the holder of a food and beverage
1-17     certificate, if it finds that the permit holder or applicant has
1-18     not paid delinquent ad valorem taxes due on that permitted premises
1-19     or due from a business operated on that premises to any taxing
1-20     authority in the county of the premises.  For purposes of this
1-21     subsection, a permit holder or applicant is presumed delinquent in
1-22     the payment of taxes due if the permit holder or applicant:
1-23                 (1)  is placed on a delinquent tax roll prepared under
1-24     Section 33.03, Tax Code;
1-25                 (2)  has received a notice of delinquency under Section
1-26     33.04, Tax Code; and
1-27                 (3)  has not made a payment required under Section
1-28     42.08, Tax Code.
1-29           (f)  In this section, "applicant" has the meaning assigned by
1-30     Section 11.45.
1-31           SECTION 2.  Section 61.36, Alcoholic Beverage Code, is
1-32     amended by adding Subsections (d) and (e) to read as follows:
1-33           (d)  The commission or administrator may cancel or deny a
1-34     license for the retail sale of alcoholic beverages, including a
1-35     license held by the holder of a food and beverage certificate, if
1-36     it finds that the license holder or applicant has not paid
1-37     delinquent ad valorem taxes due on that licensed premises or due
1-38     from a business operated on that premises to any taxing authority
1-39     in the county of the premises.  For purposes of this subsection, a
1-40     license holder or applicant is presumed delinquent in the payment
1-41     of taxes due if the license holder or applicant:
1-42                 (1)  is placed on a delinquent tax roll prepared under
1-43     Section 33.03, Tax Code;
1-44                 (2)  has received a notice of delinquency under Section
1-45     33.04, Tax Code; and
1-46                 (3)  has not made a payment required under Section
1-47     42.08, Tax Code.
1-48           (e)  In this section, "applicant" has the meaning assigned by
1-49     Section 11.45.
1-50           SECTION 3.  This Act takes effect September 1, 2001.
1-51                                  * * * * *