81R4142 AJA-F
By: Corte H.B. No. 1016
A BILL TO BE ENTITLED
AN ACT
relating to a fee on sales of alcoholic beverages in certain
municipalities to fund fire and emergency services and related
educational activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 767 to read as follows:
CHAPTER 767. FUNDING FOR EMERGENCY SERVICES AND ALCOHOL
AWARENESS EDUCATION IN CERTAIN MUNICIPALITIES
Sec. 767.001. APPLICABILITY OF CHAPTER. This chapter
applies only to a municipality with a population of more than one
million.
Sec. 767.002. FEE AUTHORIZED. (a) Until January 1, 2015, a
municipality to which this chapter applies may, by ordinance,
impose a fee of 10 cents on each individual serving of an alcoholic
beverage, including a beverage sealed in an
individual-serving-size container, sold to an ultimate consumer
within the municipality. The municipality may not impose a fee
under this section on the sale of an alcoholic beverage in a sealed
container containing more than one individual serving of an
alcoholic beverage.
(b) The Texas Alcoholic Beverage Commission may, by rule,
establish what is an individual serving for the purposes of this
section.
Sec. 767.003. COLLECTION. The municipality may require a
person licensed or permitted under the Alcoholic Beverage Code to
sell alcoholic beverages for consumption on or off the licensed or
permitted premises to collect the fee. A person required to collect
the fee shall report and send the fee to the municipality as
provided by the municipality.
Sec. 767.004. USE OF FEES FOR FIRE AND EMERGENCY SERVICES
AND ALCOHOL AWARENESS EDUCATION. A municipality that collects fees
under this chapter shall dedicate the fees to be used by the
municipality's fire and emergency medical services department to:
(1) provide additional equipment, staffing, and
training of personnel; and
(2) implement an alcohol awareness program in the
public schools in the municipality.
Sec. 767.005. REPORTING REQUIREMENT. (a) A municipality
that collects a fee under this chapter shall monitor the impact the
collection of the fee has on the municipality, including the impact
of:
(1) the additional funding provided to and implemented
by the fire and emergency medical services department; and
(2) the department's alcohol awareness program.
(b) On or before February 1 following each year in which the
fee is collected, the municipality shall report to the legislature:
(1) the amount of increased funding available to the
fire and emergency medical services department from the collected
fees during the previous year;
(2) whether during the previous year:
(A) the consumption of alcoholic beverages in the
municipality was reduced and whether the reduction can be
attributed to the collection of the fee;
(B) there was an increase in responsible behavior
among minors in the municipality that can be attributed to the
education program; and
(C) there has been a reduction in the number of
emergency responses to alcohol-related incidents; and
(3) the impact of the program on community involvement
and public relations with the fire and emergency services
department during the previous year.
Sec. 767.006. EXPIRATION. This chapter expires September
1, 2015.
SECTION 2. This Act takes effect September 1, 2009.