Bill Text: TX HB3754 | 2019-2020 | 86th Legislature | Enrolled

Texas House Bill 3754 (Prior Session Legislation)

Bill Title: Relating to the collection of local permit and license fees authorized under the Alcoholic Beverage Code; authorizing a fee.

Sponsorship: Bipartisan Bill

Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB3754 Detail]

Download: Texas-2019-HB3754-Enrolled.html



	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