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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection of local permit and license fees |
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authorized under the Alcoholic Beverage Code; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.38, Alcoholic Beverage Code, is |
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amended by amending Subsection (b) and adding Subsections (b-1) and |
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(b-2) to read as follows: |
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(b) The commission or administrator may cancel or suspend a |
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permit if it finds that the permittee has not paid a fee levied |
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under this section within 180 days after the date the fee was |
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levied. A permittee who sells an alcoholic beverage without first |
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having paid a fee levied under this section commits a misdemeanor |
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punishable by a fine of not less than $10 nor more than $200. |
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(b-1) A city, town, or county may enter into a contract with |
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a private attorney or a public or private vendor for the collection |
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of an unpaid permit fee levied under this section that is more than |
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60 days past due. A private attorney or a public or private vendor |
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collecting a fee under this subsection may assess a collection |
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charge to a permit holder for late payment or nonpayment of a fee |
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levied under this section. |
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(b-2) A city, town, or county may enter into an interlocal |
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agreement with another entity authorized to levy a fee under this |
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section for the collection of a permit fee that is more than 60 days |
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past due on behalf of the other entity and shall remit the |
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appropriate fees collected to the other entity. The amount |
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collected through an interlocal agreement under this subsection may |
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not exceed the amount of the fee levied by the city, town, or county |
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under this section and any collection charge assessed by a private |
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attorney or a public or private vendor under Subsection (b-1). |
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SECTION 2. Section 61.36, Alcoholic Beverage Code, is |
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amended by amending Subsection (b) and adding Subsections (b-1) and |
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(b-2) to read as follows: |
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(b) The commission or administrator may cancel or suspend a |
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license if it finds the licensee has not paid a fee levied under |
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this section within 180 days after the date the fee was levied. A |
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licensee who sells an alcoholic beverage without first having paid |
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a fee levied under this section commits a misdemeanor punishable by |
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|
a fine of not less than $10 nor more than $200. |
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|
(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. |
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|
(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 |
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|
collected through an interlocal agreement under this subsection may |
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|
not exceed the amount of the fee levied by the city, town, or county |
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under this section and any collection charge assessed by a private |
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attorney or a public or private vendor under Subsection (b-1). |
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SECTION 3. The changes in law made by this Act to Sections |
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11.38(b) and 61.36(b), Alcoholic Beverage Code, apply only to fees |
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originally levied on or after the effective date of this Act. Fees |
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originally levied before the effective date of this Act are |
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governed by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |