Texas Alcoholic Beverage Code
§ 11.38 — LOCAL FEE AUTHORIZED
AL § 11.38Title 3. LICENSES AND PERMITS · Part A. PERMITS · Ch. 11. PROVISIONS GENERALLY APPLICABLE TO PERMITS · Art. B. APPLICATION FOR AND ISSUANCE OF PERMITS
Statute text
View on source(a)The governing body of a city or town may levy and collect a fee for each permit issued for premises located within the city or town. The commissioners court of a county may levy and collect a fee for each permit issued for premises located within the county. The fees authorized by this subsection may not exceed one-half the statutory fee provided in this code as of August 31, 2021, for the permit issued. Those authorities may not levy or collect any other fee or tax from the permittee except general ad valorem taxes, the hotel occupancy tax levied under Chapter 351, Tax Code, and the local sales and use tax levied under Chapter 321, Tax Code.
(b)The commission or administrator may cancel or suspend a permit if it finds that the permittee has not paid a fee levied under this section within 180 days after the date the fee was levied. A permittee who sells an alcoholic beverage without first having paid a fee levied under this section commits a misdemeanor punishable by a fine of not less than $10 nor more than $200. (b-1) A city, town, or county may enter into a contract with a private attorney or a public or private vendor for the collection of an unpaid permit fee levied under this section that is more than 60 days past due. A private attorney or a public or private vendor collecting a fee under this subsection may assess a collection charge to a permit holder for late payment or nonpayment of a fee levied under this section. (b-2) A city, town, or county may enter into an interlocal agreement with another entity authorized to levy a fee under this section for the collection of a permit fee that is more than 60 days past due on behalf of the other entity and shall remit the appropriate fees collected to the other entity. The amount collected through an interlocal agreement under this subsection may not exceed the amount of the fee levied by the city, town, or county under this section and any collection charge assessed by a private attorney or a public or private vendor under Subsection (b-1).
(c)Nothing in this code shall be construed as a grant to any political subdivision of the authority to regulate permittees except by collecting the fees authorized in this section and exercising those powers granted to political subdivisions by other provisions of this code.
(d)The following are exempt from the fee authorized in this section:
(1)passenger transportation, carrier, private club registration, and local cartage permits; and
(2)a mixed beverage permit during the three-year period following the issuance of the permit.
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Legislative history
Acts 2017, 85th Leg., R.S., Ch. 283 (H.B. 3101), Sec. 1, eff. May 29, 2017. Acts 2019, 86th Leg., R.S., Ch. 909 (H.B. 3754), Sec. 1, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 29, eff. September 1, 2021. Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 30, eff. December 31, 2020.