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.