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


Office of House Bill AnalysisH.B. 337
By: Hawley
Licensing & Administrative Procedures
2/23/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a person who is delinquent in county ad valorem taxes
can renew a permit or license to sell alcoholic beverages, and apply for a
new permit or license.  The Texas Alcoholic Beverage Commission
(commission) cannot 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 allows the commission
or an administrator appointed by the commission 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 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 provide that the Texas
Alcoholic Beverage Commission or an administrator appointed by the
commission is authorized to cancel or deny a permit or license for the
retail sale or service of alcoholic beverages if it 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.