By Flores H.B. No. 2771
77R8995 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain surcharges imposed by the Texas Alcoholic
1-3 Beverage Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 5.50(a), (b), and (d), Alcoholic Beverage
1-6 Code, are amended to read as follows:
1-7 (a) The commission by rule may establish reasonable fees for
1-8 tasks and services performed by the commission in carrying out the
1-9 provisions of this code. The commission may not establish a fee
1-10 that is[, including fees] incidental to the issuance of licenses
1-11 and permits under Title 3 of this code.
1-12 (b) The commission may not increase or decrease a fee set by
1-13 this code, but if a statute is enacted creating a certificate,
1-14 permit, or license and there is no fee established, the commission
1-15 by rule may set a fee. [The commission by rule shall assess and
1-16 collect annual surcharges from all holders of a certificate,
1-17 permit, or license issued by the commission in addition to any fee
1-18 set by this code. The surcharges shall be set at a level so that
1-19 the anticipated total of all fees collected by the commission for a
1-20 fiscal year and all surcharges for a fiscal year are equal to the
1-21 legislative appropriation to the commission for the regulation of
1-22 alcoholic beverages. In assessing a surcharge the commission may
1-23 not overly penalize any segment of the alcoholic beverage industry
1-24 or impose an undue hardship on small businesses.]
2-1 (d) Revenues [and surcharges] from fees collected by the
2-2 commission under this section shall be deposited in the general
2-3 revenue fund.
2-4 SECTION 2. This Act takes effect September 1, 2001.
2-5 SECTION 3. A surcharge on a license or permit assessed by the
2-6 Texas Alcoholic Beverage Commission under Section 5.50, Alcoholic
2-7 Beverage Code, as that section existed immediately before the
2-8 effective date of this Act, that was in effect on January 1, 2001,
2-9 remains in effect. The governing body of an incorporated city or
2-10 town or the commissioners court of a county may not levy and
2-11 collect a fee under Section 11.38 or 61.36, Alcoholic Beverage
2-12 Code, based on a surcharge that remains in effect as provided by
2-13 this section.