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2001, 77th Leg., ch. 289, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2017, 85th Leg., R.S.,
<br />Ch. 283 (H.B. 3101), Sec. 1, eff. May 29, 2017. Acts 2019, 86th Leg., R.S., Ch. 909 (H.B. 3754),
<br />Sec. 1, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 29, eff.
<br />September 1, 2021. Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 30, eff. December
<br />31, 2020.
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<br />Sec. 61.36. LOCAL FEE AUTHORIZED.
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<br />Text of subsection effective until September 01, 2021
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<br />(a) The governing body of an incorporated city or town may levy and collect a fee not to exceed
<br />one-half of the state fee for each license, except a temporary or agent's beer license, issued
<br />for premises located within the city or town. The commissioners court of a county may levy and
<br />collect a fee equal to one-half the state fee for each license, except a temporary or agent's beer
<br />license, issued for premises located within the county. Those authorities may not levy or collect
<br />any other fee or tax from the licensee except general ad valorem taxes, the hotel occupancy
<br />tax levied under Chapter 351, Tax Code, and the local sales and use tax levied under Chapter
<br />321, Tax Code.
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<br />Text of subsection effective on September 01, 2021
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<br />(a) The governing body of an incorporated city or town may levy and collect a fee for each
<br />license issued for premises located within the city or town. The commissioners court of a county
<br />may levy and collect a fee for each license issued for premises located within the county. The
<br />fees authorized by this subsection may not exceed one-half the statutory fee provided in this
<br />code as of August 31, 2021, for the license issued. Those authorities may not levy or collect
<br />any other fee or tax from the licensee except general ad valorem taxes, the hotel occupancy
<br />tax levied under Chapter 351, Tax Code, and the local sales and use tax levied under Chapter
<br />321, Tax Code.
<br />(b) The commission or administrator may cancel or suspend a license if it finds the licensee
<br />has not paid a fee levied under this section within 180 days after the date the fee was levied.
<br />A licensee who sells an alcoholic beverage without first having paid a fee levied under this
<br />section commits a misdemeanor punishable by a fine of not less than $10 nor more than $200.
<br />(b-1) A city, town, or county may enter into a contract with a private attorney or a public or
<br />private vendor for the collection of an unpaid license fee levied under this section that is more
<br />than 60 days past due. A private attorney or a public or private vendor collecting a fee under
<br />this subsection may assess a collection charge to a license holder for late payment or
<br />nonpayment of a fee levied under this section.
<br />(b-2) A city, town, or county may enter into an interlocal agreement with another entity
<br />authorized to levy a fee under this section for the collection of a license fee that is more than
<br />60 days past due on behalf of the other entity and shall remit the appropriate fees collected to
<br />the other entity. The amount collected through an interlocal agreement under this subsection
<br />may not exceed the amount of the fee levied by the city, town, or county under this section and
<br />any collection charge assessed by a private attorney or a public or private vendor under
<br />Subsection (b-1).
<br />(c) Nothing in this code shall be construed as a grant to any political subdivision of the authority
<br />to regulate licensees except by collecting the fees authorized in this section and exercising
<br />those powers granted to political subdivisions by other provisions of this code.
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<br />Text of subsection effective until December 31, 2020
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<br />(d) The commission or administrator may cancel or deny a license for the retail sale of alcoholic
<br />beverages, including a license held by the holder of a food and beverage certificate, if it finds
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