H.B. No. 3305




AN ACT

relating to certain surcharges assessed and collected by the Texas 
Alcoholic Beverage Commission.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 5.50(b), Alcoholic Beverage Code, is 
amended to read as follows:
	(b)  The commission may not increase or decrease a fee set by 
this code, but if a statute is enacted creating a certificate, 
permit, or license and there is no fee established, the commission 
by rule may set a fee.  The commission by rule shall assess and 
collect annual surcharges from all holders of a certificate, 
permit, or license issued by the commission in addition to any fee 
set by this code.  [The surcharges shall be set at a level so that 
the anticipated total of all fees collected by the commission for a 
fiscal year and all surcharges for a fiscal year are equal to the 
legislative appropriation to the commission for the regulation of 
alcoholic beverages.]  In assessing a surcharge, the commission may 
not overly penalize any segment of the alcoholic beverage industry 
or impose an undue hardship on small businesses.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.



______________________________                ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 3305 was passed by the House on May 
10, 2003, by the following vote:  Yeas 131, Nays 0, 1 present, not 
voting; and that the House concurred in Senate amendments to H.B. 
No. 3305 on May 30, 2003, by the following vote:  Yeas 140, Nays 0, 
2 present, not voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 3305 was passed by the Senate, with 
amendments, on May 28, 2003, by the following vote:  Yeas 31, Nays 
0.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor