79R7676 AJA-F

By:  Corte                                                        H.B. No. 3301

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:
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.