H.B. No. 3754
 
 
 
 
AN ACT
  relating to the collection of local permit and license fees
  authorized under the Alcoholic Beverage Code; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.38, Alcoholic Beverage Code, is
  amended by amending Subsection (b) and adding Subsections (b-1) and
  (b-2) to read as follows:
         (b)  The commission or administrator may cancel or suspend a
  permit if it finds that the permittee has not paid a fee levied
  under this section within 180 days after the date the fee was
  levied. A permittee who sells an alcoholic beverage without first
  having paid a fee levied under this section commits a misdemeanor
  punishable by a fine of not less than $10 nor more than $200.
         (b-1)  A city, town, or county may enter into a contract with
  a private attorney or a public or private vendor for the collection
  of an unpaid permit fee levied under this section that is more than
  60 days past due.  A private attorney or a public or private vendor
  collecting a fee under this subsection may assess a collection
  charge to a permit holder for late payment or nonpayment of a fee
  levied under this section.
         (b-2)  A city, town, or county may enter into an interlocal
  agreement with another entity authorized to levy a fee under this
  section for the collection of a permit fee that is more than 60 days
  past due on behalf of the other entity and shall remit the
  appropriate fees collected to the other entity. The amount
  collected through an interlocal agreement under this subsection may
  not exceed the amount of the fee levied by the city, town, or county
  under this section and any collection charge assessed by a private
  attorney or a public or private vendor under Subsection (b-1).
         SECTION 2.  Section 61.36, Alcoholic Beverage Code, is
  amended by amending Subsection (b) and adding Subsections (b-1) and
  (b-2) to read as follows:
         (b)  The commission or administrator may cancel or suspend a
  license if it finds the licensee has not paid a fee levied under
  this section within 180 days after the date the fee was levied. A
  licensee who sells an alcoholic beverage without first having paid
  a fee levied under this section commits a misdemeanor punishable by
  a fine of not less than $10 nor more than $200.
         (b-1)  A city, town, or county may enter into a contract with
  a private attorney or a public or private vendor for the collection
  of an unpaid license fee levied under this section that is more than
  60 days past due.  A private attorney or a public or private vendor
  collecting a fee under this subsection may assess a collection
  charge to a license holder for late payment or nonpayment of a fee
  levied under this section.
         (b-2)  A city, town, or county may enter into an interlocal
  agreement with another entity authorized to levy a fee under this
  section for the collection of a license fee that is more than 60
  days past due on behalf of the other entity and shall remit the
  appropriate fees collected to the other entity. The amount
  collected through an interlocal agreement under this subsection may
  not exceed the amount of the fee levied by the city, town, or county
  under this section and any collection charge assessed by a private
  attorney or a public or private vendor under Subsection (b-1).
         SECTION 3.  The changes in law made by this Act to Sections
  11.38(b) and 61.36(b), Alcoholic Beverage Code, apply only to fees
  originally levied on or after the effective date of this Act.  Fees
  originally levied before the effective date of this Act are
  governed by the law in effect immediately before that date, and that
  law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3754 was passed by the House on May 3,
  2019, by the following vote:  Yeas 129, Nays 11, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3754 was passed by the Senate on May
  21, 2019, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor