| 1 | 1 | | 84R8419 AJA-F |
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| 2 | 2 | | By: Smith H.B. No. 2297 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of electronic processes by and electronic |
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| 8 | 8 | | information submitted to the Texas Alcoholic Beverage Commission; |
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| 9 | 9 | | authorizing a fee. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 5, Alcoholic Beverage |
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| 12 | 12 | | Code, is amended by adding Section 5.321 to read as follows: |
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| 13 | 13 | | Sec. 5.321. ELECTRONIC SIGNATURES. Any electronic |
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| 14 | 14 | | information, record, or other document, including an application, |
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| 15 | 15 | | submitted to the commission that has an electronic signature with |
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| 16 | 16 | | the required specific identifiers of the signatory has the same |
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| 17 | 17 | | force and effect as a manual signature before a notary public and is |
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| 18 | 18 | | considered a sworn statement for purposes of Section 101.69, |
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| 19 | 19 | | notwithstanding any other law. |
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| 20 | 20 | | SECTION 2. Section 5.55, Alcoholic Beverage Code, is |
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| 21 | 21 | | amended to read as follows: |
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| 22 | 22 | | Sec. 5.55. ELECTRONIC PROCESSING OF LICENSES, [OR] PERMITS, |
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| 23 | 23 | | AND CERTIFICATES. (a) The commission shall expedite the |
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| 24 | 24 | | processing of original and renewal applications for licenses, [and] |
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| 25 | 25 | | permits, and certificates by using electronic means, including the |
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| 26 | 26 | | Internet. |
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| 27 | 27 | | (b) The commission or administrator may enter into an |
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| 28 | 28 | | agreement with another agency of this state to provide for the |
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| 29 | 29 | | issuance of original or renewal licenses, [or] permits, or |
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| 30 | 30 | | certificates through the use of electronic means, including use of |
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| 31 | 31 | | the Internet, to facilitate the licensing process. |
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| 32 | 32 | | (c) A reasonable service fee may be charged to applicants |
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| 33 | 33 | | who choose to use electronic or Internet service to apply for |
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| 34 | 34 | | original or renewal licenses, [or] permits, or certificates [or to |
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| 35 | 35 | | renew licenses or permits], subject to other laws limiting or |
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| 36 | 36 | | defining those fees; provided, that no service fee may be charged by |
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| 37 | 37 | | the commission or by another agency to those applicants who choose |
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| 38 | 38 | | not to utilize the electronic or Internet method to apply for an |
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| 39 | 39 | | original or a renewal license, [or] permit, or certificate. |
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| 40 | 40 | | SECTION 3. Section 5.321, Alcoholic Beverage Code, as added |
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| 41 | 41 | | by this Act, applies only to a document submitted to the Texas |
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| 42 | 42 | | Alcoholic Beverage Commission on or after the effective date of |
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| 43 | 43 | | this Act. |
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| 44 | 44 | | SECTION 4. This Act takes effect September 1, 2015. |
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