By: Miller of Comal	H.B. No. 2882

	A BILL TO BE ENTITLED
	AN ACT
	relating to the payment by certain alcoholic beverage permit or
	license holders of certain fees and taxes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 11.38, Alcoholic Beverage Code, is
	amended by amending Subsections (a), (b), and (c), and adding
	Subsection (b-1) to read as follows:
	(a)  The governing body of a city or town may levy [and
	collect] a fee not to exceed one-half the state fee for each permit
	issued for premises located within the city or town. The
	commissioners court of a county may levy [and collect] a fee equal
	to one-half of the state fee for each permit issued for premises
	located within the county. Those authorities may not levy or
	collect any other fee or tax from the permittee except general ad
	valorem taxes, the hotel occupancy tax levied under Chapter 351,
	Tax Code, and the local sales and use tax levied under Chapter 321,
	Tax Code.
	(b)  The commission or administrator shall [may] cancel or
	deny a permit if it finds that the permittee has not paid a fee
	levied under this section. 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)  The commission by rule shall establish a method under
	which the commission:
	(1)  collects a local fee levied under Subsection (a)
	from each permit holder required to pay the fee; and
	(2)  remits the fee to the political subdivision that
	levied the fee.
	(c)  Nothing in this code shall be construed as a grant to any
	political subdivision of the authority to regulate permittees
	except by levying [collecting] the fees authorized in this section
	and exercising those powers granted to political subdivisions by
	other provisions of this code.
	SECTION 2.  Section 61.36, Alcoholic Beverage Code, is
	amended by amending Subsections (a), (b), and (c), and adding
	Subsection (b-1) to read as follows:
	(a)  The governing body of an incorporated city or town may
	levy [and collect] a fee not to exceed one-half of the state fee for
	each license, except a temporary or agent's beer license, issued
	for premises located within the city or town. The commissioners
	court of a county may levy [and collect] a fee equal to one-half the
	state fee for each license, except a temporary or agent's beer
	license, issued for premises located within the county. Those
	authorities may not levy or collect any other fee or tax from the
	licensee except general ad valorem taxes, the hotel occupancy tax
	levied under Chapter 351, Tax Code, and the local sales and use tax
	levied under Chapter 321, Tax Code.
	(b)  The commission or administrator shall [may] cancel or
	deny a license if it finds the licensee has not paid a fee levied
	under this section. 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)  The commission by rule shall establish a method under
	which the commission:
	(1)  collects a local fee levied under Subsection (a)
	from each license holder required to pay the fee; and
	(2)  remits the fee to the political subdivision that
	levied the fee.
	(c)  Nothing in this code shall be construed as a grant to any
	political subdivision of the authority to regulate licensees except
	by levying [collecting] the fees authorized in this section and
	exercising those powers granted to political subdivisions by other
	provisions of this code.
	SECTION 3.  This Act takes effect September 1, 2015.