Bill Text: TX HB3754 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the collection of local permit and license fees authorized under the Alcoholic Beverage Code; authorizing a fee.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB3754 Detail]
Download: Texas-2019-HB3754-Enrolled.html
H.B. No. 3754 |
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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 |