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A BILL TO BE ENTITLED
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AN ACT
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relating to fees for and terms of permits and licenses issued by the |
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Texas Alcoholic Beverage Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.50(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) The commission may not increase or decrease a fee set by |
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this code, but if a statute is enacted creating a certificate, |
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permit, or license and there is no fee established, the commission |
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by rule may set a fee. The commission by rule shall assess [and
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collect annual] surcharges on [from] all applicants for an original |
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or renewal [holders of a] certificate, permit, or license issued by |
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the commission in addition to any fee set by this code and collect |
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the surcharges at the time of application. In assessing a |
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surcharge, the commission may not overly penalize any segment of |
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the alcoholic beverage industry or impose an undue hardship on |
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small businesses. |
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SECTION 2. Section 6.02(c), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(c) The commission may not abate or refund a license or |
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permit fee because of a change in the expiration date made under |
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this section but may authorize a license or permit period of less |
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than one year for the period during which the expiration date is |
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changed. The commission may not authorize a license or permit |
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period of greater than two years [one year]. |
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SECTION 3. Section 11.09, Alcoholic Beverage Code, is |
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amended by amending Subsections (a) and (b) and adding Subsections |
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(d) and (e) to read as follows: |
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(a) A permit issued under this code expires on the second |
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anniversary of [one year after] the date it is issued, except as |
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[otherwise] provided by Subsections (d) and (e) or another |
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provision of this code. Notwithstanding Section 5.50(b), the |
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commission shall double the amount of fees and surcharges otherwise |
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applicable under this code for a permit with a two-year term. |
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(b) A secondary permit which requires the holder of the |
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permit to first obtain another permit, including a late hours |
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permit or temporary permit, expires on the same date the basic or |
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primary permit expires. The commission may not prorate or refund |
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any part of the fee for the secondary permit if the application of |
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this section results in the expiration of the permit in less than |
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two years [one year]. |
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(d) The commission by rule may require that the expiration |
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date for an individual permit holder's permit is the first |
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anniversary of the date on which the permit is issued due to the |
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permit holder's violation history. |
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(e) The commission may issue a permit with an expiration |
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date less than two years after the date the permit is issued in |
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order to maintain a reasonable annual distribution of renewal |
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application review work and permit fees. If the commission issues a |
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permit with an expiration date less than two years after the date |
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the permit is issued, the commission shall prorate the permit fee on |
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a monthly basis so that the permit holder pays only that portion of |
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the permit fee that is allocable to the number of months during |
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which the permit is valid. |
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SECTION 4. Section 61.03, Alcoholic Beverage Code, is |
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amended by amending Subsections (a) and (b) and adding Subsections |
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(d) and (e) to read as follows: |
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(a) Except as provided by Subsections (d) and (e) or another |
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provision of this code, any [Subsection (b), a license may not be
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issued for a term longer than one year. Any] license except a |
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branch, importer's, importer's carrier's, or temporary license |
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expires on the second anniversary of [one year after] the date on |
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which it is issued. Notwithstanding Section 5.50(b), the commission |
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shall require double the amount of fees and surcharges otherwise |
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applicable under this code for a license with a two-year term. |
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(b) A secondary license which requires the holder of the |
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license to first obtain another license, including a late hours |
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license or temporary license, expires on the same date the basic or |
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primary license expires. The commission may not prorate or refund |
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any part of the fee for the secondary license if the application of |
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this section results in the expiration of the license in less than |
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two years [one year]. |
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(d) The commission by rule may require that the expiration |
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date for an individual license holder's license is the first |
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anniversary of the date on which the license is issued due to the |
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license holder's violation history. |
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(e) The commission may issue a license with an expiration |
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date less than two years after the date the license is issued in |
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order to maintain a reasonable annual distribution of renewal |
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application review work and license fees. If the commission issues |
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a license with an expiration date less than two years after the date |
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the license is issued, the commission shall prorate the license fee |
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on a monthly basis so that the license holder pays only that portion |
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of the license fee that is allocable to the number of months during |
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which the license is valid. |
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SECTION 5. The changes in law made by this Act apply only to |
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a license or permit issued or renewed on or after the effective date |
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of this Act. A license or permit issued or renewed before the |
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effective date of this Act expires on its own terms and is governed |
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by the law in effect when the license or permit was issued or |
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renewed, and the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |