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AN ACT
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relating to permits and licenses issued by the Texas Alcoholic |
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Beverage Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 5.50, Alcoholic Beverage |
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Code, is 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. Subsection (c), Section 6.02, Alcoholic Beverage |
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Code, is 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. Subsection (d), Section 28.04, Alcoholic |
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Beverage Code, is amended to read as follows: |
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(d) This section does not apply to a change in corporate |
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control: |
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(1) brought about by the death of a shareholder if the |
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shareholder's [his] surviving spouse or descendants are the |
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shareholder's [his] successors in interest; or |
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(2) brought about when legal or beneficial ownership |
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of over 50 percent of the stock of the corporation has been |
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transferred: |
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(A) to a person who possesses the qualifications |
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required of other applicants for permits and is currently an |
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officer of the corporation and has been an officer of the |
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corporation ever since the date the original permit was issued; or |
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(B) if the permittee [pays a fee of $500 and] |
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notifies the commission, on completed forms and attachments |
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prescribed by the commission, of the proposed transfer [at least 10
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days] prior to the date the transfer is to become effective and the |
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commission does not find that circumstances exist that would be |
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grounds for the denial of a renewal of the permit under Section |
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11.46 [of this code] and provided the ownership of the corporation |
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immediately after the transfer satisfies the requirements of this |
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code. |
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SECTION 5. 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 |
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commission shall require double the amount of fees and surcharges |
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otherwise applicable under this code for a license with a two-year |
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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 6. Section 11.40, Alcoholic Beverage Code, is |
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repealed. |
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SECTION 7. The change in law made by this Act to Section |
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28.04, Alcoholic Beverage Code, applies to renewal of a mixed |
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beverage permit that expires on or after the effective date of this |
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Act, regardless of when legal or beneficial ownership of the |
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corporation holding the permit changed. |
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SECTION 8. Except as otherwise provided by this Act, the |
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changes in law made by this Act apply only to a license or permit |
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issued or renewed on or after the effective date of this Act. A |
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license or permit issued or renewed before the effective date of |
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this Act expires on its own terms and is governed by the law in |
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effect when the license or permit was issued or renewed, and the |
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former law is continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1217 passed the Senate on |
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May 1, 2007, by the following vote: Yeas 31, Nays 0; and that the |
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Senate concurred in House amendments on May 26, 2007, by the |
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following vote: Yeas 29, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1217 passed the House, with |
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amendments, on May 17, 2007, by the following vote: Yeas 142, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |