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79R7676 AJA-F

By:  Corte                                                        H.B. No. 3301



A BILL TO BE ENTITLED

AN ACT

relating to a fee on sales of alcoholic beverages in certain 
municipalities to fund fire and emergency services and related 
educational activities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle A, Title 9, Health and Safety Code, is 
amended by adding Chapter 766 to read as follows:
	CHAPTER 766.  FUNDING FOR EMERGENCY SERVICES AND ALCOHOL

AWARENESS EDUCATION IN CERTAIN MUNICIPALITIES
	Sec. 766.001.  APPLICABILITY OF CHAPTER.  This chapter 
applies only to a municipality with a population of more than 1 
million.
	Sec. 766.002.  FEE AUTHORIZED.  Until January 1, 2011, a 
municipality to which this chapter applies may, by ordinance, 
impose a fee of 10 cents on each individual serving or container of 
an alcoholic beverage sold to an ultimate consumer within the 
municipality.
	Sec. 766.003.  COLLECTION.  The municipality may require a 
person licensed or permitted under the Alcoholic Beverage Code to 
sell alcoholic beverages for consumption on or off the licensed or 
permitted premises to collect the fee.  A person required to collect 
the fee shall report and send the fee to the municipality as 
provided by the municipality.
	Sec. 766.004.  USE OF FEES FOR FIRE AND EMERGENCY SERVICES 
AND ALCOHOL AWARENESS EDUCATION.  A municipality that collects fees 
under this chapter shall dedicate the fees to be used by the 
municipality's fire and emergency medical services department to:
		(1)  provide additional equipment, staffing, and 
training of personnel; and
		(2)  implement an alcohol awareness program in the 
public schools in the municipality.
	Sec. 766.005.  REPORTING REQUIREMENT.  (a)  A municipality 
that collects a fee under this chapter shall monitor the impact the 
collection of the fee has on the municipality, including the impact 
of:
		(1)  the additional funding provided to and implemented 
by the fire and emergency medical services department; and
		(2)  the department's alcohol awareness program.                       
	(b)  On or before February 1 following each year in which the 
fee is collected, the municipality shall report to the legislature:
		(1)  the amount of increased funding available to the 
fire and emergency medical services department from the collected 
fees during the previous year;
		(2)  whether during the previous year:                                 
			(A)  the consumption of alcoholic beverages in the 
municipality was reduced and whether the reduction can be 
attributed to the collection of the fee;
			(B)  there was an increase in responsible behavior 
among minors in the municipality that can be attributed to the 
education program; and
			(C)  there has been a reduction in the number of 
emergency responses to alcohol-related incidents; and
		(3)  the impact of the program on community involvement 
and public relations with the fire and emergency services 
department during the previous year.
	Sec. 766.006.  EXPIRATION.  This chapter expires September 
1, 2011.   
	SECTION 2.  This Act takes effect September 1, 2005.