86R8675 JAM-F
 
  By: Burrows H.B. No. 3754
 
 
 
A BILL TO BE ENTITLED
 
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
  the commission, a private attorney, or a public or private vendor
  for the collection of an unpaid permit fee levied under this
  section. 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 on behalf of the other
  entity and shall remit the appropriate fees collected to the other
  entity. The amount of a fee 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.
         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
  the commission, a private attorney, or a public or private vendor
  for the collection of an unpaid license fee levied under this
  section. 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 on behalf of the other
  entity and shall remit the appropriate fees collected to the other
  entity. The amount of a fee 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.
         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.