HBA-CMT H.B. 337 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 337
By: Hawley
Licensing & Administrative Procedures
7/18/2001
Enrolled



BACKGROUND AND PURPOSE 

Under previous law, a person who was delinquent in paying county ad valorem
taxes could renew a permit or license to sell alcoholic beverages and apply
for a new permit or license.  The Texas Alcoholic Beverage Commission
(TABC) could not deny an application for or cancel a permit or license to
sell alcoholic beverages based on an applicant's or permit or license
holder's ad valorem tax delinquency.  House Bill 337 authorizes TABC or an
administrator appointed by TABC to deny an application for or cancel a
permit or license for the retail sale or service of alcoholic beverages if
the permit holder or applicant has not paid the delinquent ad valorem
taxes. 

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 337 amends the Alcoholic Beverage Code to authorize the Texas
Alcoholic Beverage Commission (TABC) or an administrator appointed by TABC
to cancel or deny a permit or license for the retail sale or service of
alcoholic beverages if TABC finds that the permit holder, license holder,
or applicant has not paid delinquent ad valorem taxes due on the permitted
or licensed premises or from a business operated on that premises to any
taxing authority in the county of the premises.  A permit holder, license
holder, or applicant is presumed delinquent if the permit holder, license
holder, or applicant is placed on a delinquent tax roll, has received a
notice of delinquency, and has not made a payment on the taxes. 

EFFECTIVE DATE

September 1, 2001.