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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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the commission, a private attorney, or a public or private vendor |
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for the collection of an unpaid permit fee levied under this |
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section. 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 on behalf of the other |
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entity and shall remit the appropriate fees collected to the other |
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entity. The amount of a fee collected through an interlocal |
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agreement under this subsection may not exceed the amount of the fee |
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levied by the city, town, or county under this section. |
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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 |
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|
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. |
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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 license fee on behalf of the other |
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|
entity and shall remit the appropriate fees collected to the other |
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|
entity. The amount of a fee collected through an interlocal |
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agreement under this subsection may not exceed the amount of the fee |
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levied by the city, town, or county under this section. |
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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. |