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A BILL TO BE ENTITLED
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AN ACT
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relating to a fee on sales of alcoholic beverages in certain |
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municipalities to fund fire and emergency services and related |
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educational activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 767 to read as follows: |
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CHAPTER 767. FUNDING FOR EMERGENCY SERVICES AND ALCOHOL |
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AWARENESS EDUCATION IN CERTAIN MUNICIPALITIES |
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Sec. 767.001. APPLICABILITY OF CHAPTER. This chapter |
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applies only to a municipality with a population of more than one |
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million. |
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Sec. 767.002. FEE AUTHORIZED. (a) Until January 1, 2015, a |
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municipality to which this chapter applies may, by ordinance, |
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impose a fee of 10 cents on each individual serving of an alcoholic |
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beverage, including a beverage sealed in an |
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individual-serving-size container, sold to an ultimate consumer |
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within the municipality. The municipality may not impose a fee |
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under this section on the sale of an alcoholic beverage in a sealed |
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container containing more than one individual serving of an |
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alcoholic beverage. |
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(b) The Texas Alcoholic Beverage Commission may, by rule, |
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establish what is an individual serving for the purposes of this |
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section. |
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Sec. 767.003. COLLECTION. The municipality may require a |
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person licensed or permitted under the Alcoholic Beverage Code to |
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sell alcoholic beverages for consumption on or off the licensed or |
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permitted premises to collect the fee. A person required to collect |
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the fee shall report and send the fee to the municipality as |
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provided by the municipality. |
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Sec. 767.004. USE OF FEES FOR FIRE AND EMERGENCY SERVICES |
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AND ALCOHOL AWARENESS EDUCATION. A municipality that collects fees |
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under this chapter shall dedicate the fees to be used by the |
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municipality's fire and emergency medical services department to: |
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(1) provide additional equipment, staffing, and |
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training of personnel; and |
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(2) implement an alcohol awareness program in the |
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public schools in the municipality. |
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Sec. 767.005. REPORTING REQUIREMENT. (a) A municipality |
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that collects a fee under this chapter shall monitor the impact the |
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collection of the fee has on the municipality, including the impact |
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of: |
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(1) the additional funding provided to and implemented |
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by the fire and emergency medical services department; and |
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(2) the department's alcohol awareness program. |
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(b) On or before February 1 following each year in which the |
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fee is collected, the municipality shall report to the legislature: |
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(1) the amount of increased funding available to the |
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fire and emergency medical services department from the collected |
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fees during the previous year; |
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(2) whether during the previous year: |
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(A) the consumption of alcoholic beverages in the |
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municipality was reduced and whether the reduction can be |
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attributed to the collection of the fee; |
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(B) there was an increase in responsible behavior |
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among minors in the municipality that can be attributed to the |
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education program; and |
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(C) there has been a reduction in the number of |
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emergency responses to alcohol-related incidents; and |
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(3) the impact of the program on community involvement |
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and public relations with the fire and emergency services |
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department during the previous year. |
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Sec. 767.006. EXPIRATION. This chapter expires September |
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1, 2015. |
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SECTION 2. This Act takes effect September 1, 2009. |