HBA-ALS H.B. 1364 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1364
By: Hawley
Licensing & Administrative Procedures
3/15/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there is no statutory provision addressing the power of the
Texas Alcoholic Beverage Commission (commission) to deny or cancel the
liquor license of an applicant or permit holder based on ad valorem tax
delinquency.  H.B.1364 allows the commission or its administrator to cancel
or deny a permit for the retail sale or service of alcoholic beverages,
including a food and beverage certificate, if the permit holder or
applicant has not paid delinquent ad valorem taxes on the permitted
premises to the proper county taxing authority.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11.38, Alcoholic Beverage Code, by adding
Subsection (e), to authorize the Texas Alcoholic Beverage Commission
(commission) or administrator to cancel or deny a permit for the retail
sale or service of alcoholic beverages, including a food and beverage
certificate, if the permit holder or applicant has not paid delinquent ad
valorem taxes on the permitted premises to the proper county taxing
authority.  Defines "applicant." 

SECTION 2.  Amends Section 61.36, Alcoholic Beverage Code, by adding
Subsection (d), to make conforming changes. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.