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.