By: Kolkhorst S.B. No. 549

(In the Senate - Filed January 19, 2017; February 8, 2017, read first time and referred to Committee on State Affairs; April 10, 2017, reported favorably by the following vote: Yeas 9, Nays 0; April 10, 2017, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to refunds of certain bingo licensing and registration fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2001.103, Occupations Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) On request, the commission shall refund to an authorized organization the $25 temporary license fee submitted under Subsection (a) not later than the 30th day after the date the commission receives the request for the refund, if:

(1) the authorized organization does not use the temporary license to conduct bingo before the first anniversary of the date of the license's issuance; or

(2) the authorized organization requests withdrawal of the application before the temporary license is issued, except the commission may retain an amount not to exceed 50 percent of the license fee to defray any administrative cost incurred by the commission in processing the application.

SECTION 2. Section 2001.104, Occupations Code, is amended by adding Subsection (f) to read as follows:

(f) The commission shall refund the fee for an initial or renewal license to conduct bingo if the applicant requests withdrawal of the application before the license is issued or if the commission denies the application, except the commission may retain an amount not to exceed the lesser of 50 percent of the license fee or $150 to defray any administrative cost incurred by the commission in processing the application. The commission shall issue the refund not later than the 30th day after the date the commission receives the withdrawal request or denies the application.

SECTION 3. Section 2001.158, Occupations Code, is amended by adding Subsection (e) to read as follows:

(e) The commission shall refund the fee for an initial or renewal commercial lessor license if the applicant requests withdrawal of the application before the license is issued or if the commission denies the application, except the commission may retain an amount not to exceed the lesser of 50 percent of the license fee or $150 to defray any administrative cost incurred by the commission in processing the application. The commission shall issue the refund not later than the 30th day after the date the commission receives the withdrawal request or denies the application.

SECTION 4. Section 2001.205, Occupations Code, is amended by adding Subsection (c) to read as follows:

(c) The commission shall refund the fee for an initial or renewal manufacturer's license if the applicant requests withdrawal of the application before the license is issued or if the commission denies the application, except the commission may retain an amount not to exceed the lesser of 50 percent of the license fee or $150 to defray any administrative cost incurred by the commission in processing the application. The commission shall issue the refund not later than the 30th day after the date the commission receives the withdrawal request or denies the application.

SECTION 5. Section 2001.209, Occupations Code, is amended by adding Subsection (c) to read as follows:

(c) The commission shall refund the fee for an initial or renewal distributor's license if the applicant requests withdrawal of the application before the license is issued or if the commission denies the application, except the commission may retain an amount not to exceed the lesser of 50 percent of the license fee or $150 to defray any administrative cost incurred by the commission in processing the application. The commission shall issue the refund not later than the 30th day after the date the commission receives the withdrawal request or denies the application.

SECTION 6. Section 2001.306, Occupations Code, is amended by adding Subsection (f) to read as follows:

(f) The commission shall refund the fee for amending a license issued under this chapter if the applicant requests withdrawal of the amendment application before the amended license is issued or if the commission denies the amendment application, except the commission may retain an amount not to exceed 50 percent of the amendment fee to defray any administrative cost incurred by the commission in processing the amendment application. The commission shall issue the refund not later than the 30th day after the date the commission receives the withdrawal request or denies the application.

SECTION 7. Section 2001.313, Occupations Code, is amended by adding Subsection (b-3) to read as follows:

(b-3) The commission shall refund the fee submitted under Subsection (b-2) for an initial or renewal registration application if the applicant requests withdrawal of the application before the applicant is listed on the registry or if the commission denies the registration and listing, except the commission may retain an amount not to exceed 50 percent of the registration fee to defray any administrative cost incurred by the commission in processing the application. The commission shall issue the refund not later than the 30th day after the date the commission receives the withdrawal request or denies the application.

SECTION 8. Section 2001.437, Occupations Code, is amended by adding Subsection (i) to read as follows:

(i) The commission shall refund the fee for an initial or renewal unit manager license if the applicant requests withdrawal of the application before the license is issued or if the commission denies the application, except the commission may retain an amount not to exceed the lesser of 50 percent of the license fee or $150 to defray any administrative cost incurred by the commission in processing the application. The commission shall issue the refund not later than the 30th day after the date the commission receives the withdrawal request or denies the application.

SECTION 9. Chapter 2001, Occupations Code, as amended by this Act, applies only to an application and fee submitted under that chapter on or after the effective date of this Act. An application and fee submitted before the effective date of this Act is governed by the law in effect on the date the application and fee are submitted and the former law is continued in effect for that purpose.

SECTION 10. This Act takes effect September 1, 2017.

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