HBA-DMH H.B. 2771 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2771 By: Flores Licensing & Administrative Procedures 3/21/2001 Introduced BACKGROUND AND PURPOSE Under current law, the Texas Alcoholic Beverage Commission (TABC) may assess and collect surcharges on the permits and licenses it issues. Using a surcharge method to supplement an agency's budget may be inefficient if the increased licensing charges cause a reduction in the number of businesses able to afford to purchase a permit or license. House Bill 2771 prohibits TABC from assessing additional surcharges or incidental fees above the standard charge for a permit or license it issues. 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. ANALYSIS House Bill 2771 amends the Alcoholic Beverage Code to prohibit the Texas Alcoholic Beverage Commission (TABC) from establishing a fee that is incidental to the issuance of the licenses and permits it issues. The bill removes provisions that require TABC to assess and collect annual surcharges from certificate, permit, or license holders. The bill prohibits the governing body of an incorporated city or town or the commissioners court of a county from levying and collecting certain fees based on a surcharge that remains in effect until January 1, 2001. The bill provides that a surcharge on a license or permit assessed by TABC under provisions relating to the establishment of certain fees, as those provisions existed immediately before the effective date of the Act that was in effect on January 1, 2001, remains in effect. EFFECTIVE DATE September 1, 2001.