Texas Alcoholic Beverage Code 5.50 – Establishment of Certain Fees
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(a) The commission by rule may establish reasonable fees for tasks and services performed by the commission in carrying out the provisions of this code, including fees for the issuance of certificates, licenses, and permits under Title 3.
(b) The commission may not increase or decrease a fee set by this code, but if a statute is enacted creating a certificate, permit, or license and there is no fee established, the commission by rule may set a fee. The commission by rule shall assess a fee on all applicants for an original or renewal certificate, permit, or license issued by the commission and collect the fee at the time of application.
Terms Used In Texas Alcoholic Beverage Code 5.50
- Alcoholic beverage: means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. See Texas Alcoholic Beverage Code 1.04
- Commission: means the Texas Alcoholic Beverage Commission. See Texas Alcoholic Beverage Code 1.04
- Rule: includes regulation. See Texas Government Code 311.005
- Statute: A law passed by a legislature.
(b-1) The commission shall develop a process for setting fees that ensures the amount of the fees for an original or renewal certificate, permit, or license is sufficient to cover the costs incurred by the commission in administering this code. The process must:
(1) allow the commission to:
(A) consider relevant information including the type of business being regulated and the level of regulatory activities associated with each certificate, permit, or license; and
(B) set different fees for the same original or renewal certificate, permit, or license if the commission determines the level of regulatory activities associated with a certificate, permit, or license varies; and
(2) ensure that the commission does not overly penalize any segment of the alcoholic beverage industry or impose an undue hardship on small businesses.
(b-2) The commission shall periodically review the amount of each fee collected under this code and adjust the amount of each fee to ensure that the commission’s regulatory costs are fairly allocated among all certificate, permit, and license holders.
(c) The commission shall post on the commission’s Internet website the maximum amount of the fee for each permit and license that a local governmental entity may levy and collect under Sections 11.38 and 61.36.
(d) Revenues from fees collected by the commission under this section shall be deposited in the general revenue fund.