LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION April 16, 2015 TO: Honorable Kevin Eltife, Chair, Senate Committee on Business & Commerce FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB367 by Garcia (Relating to the unauthorized use of an alcoholic beverage permit or license; providing a criminal penalty.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Alcoholic Beverage Code to create to a new criminal offense related to the unlawful display or use of a permit or license. The new offense would be a Class B Misdemeanor, unless it was shown at trial that the person had previously been convicted of the offense, in which case the offense would be a Class A Misdemeanor. The bill also contains provisions related to the refusal and cancellation of certain permits and licenses. Based on the analysis of the Texas Alcoholic Beverage Commission, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources. The bill would become effective on September 1, 2015. Local Government Impact A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, or both. A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Costs associated with enforcement, prosecution, and confinement could likely be absorbed with existing resources. Revenue from fines imposed and collected is not anticipated to have a significant fiscal impact. Source Agencies:458 Alcoholic Beverage Commission LBB Staff: UP, CL, AI, JHa
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION
April 16, 2015
TO: Honorable Kevin Eltife, Chair, Senate Committee on Business & Commerce FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB367 by Garcia (Relating to the unauthorized use of an alcoholic beverage permit or license; providing a criminal penalty.), Committee Report 1st House, Substituted
TO: Honorable Kevin Eltife, Chair, Senate Committee on Business & Commerce
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: SB367 by Garcia (Relating to the unauthorized use of an alcoholic beverage permit or license; providing a criminal penalty.), Committee Report 1st House, Substituted
Honorable Kevin Eltife, Chair, Senate Committee on Business & Commerce
Honorable Kevin Eltife, Chair, Senate Committee on Business & Commerce
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
SB367 by Garcia (Relating to the unauthorized use of an alcoholic beverage permit or license; providing a criminal penalty.), Committee Report 1st House, Substituted
SB367 by Garcia (Relating to the unauthorized use of an alcoholic beverage permit or license; providing a criminal penalty.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Alcoholic Beverage Code to create to a new criminal offense related to the unlawful display or use of a permit or license. The new offense would be a Class B Misdemeanor, unless it was shown at trial that the person had previously been convicted of the offense, in which case the offense would be a Class A Misdemeanor. The bill also contains provisions related to the refusal and cancellation of certain permits and licenses. Based on the analysis of the Texas Alcoholic Beverage Commission, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources. The bill would become effective on September 1, 2015.
Local Government Impact
A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, or both. A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Costs associated with enforcement, prosecution, and confinement could likely be absorbed with existing resources. Revenue from fines imposed and collected is not anticipated to have a significant fiscal impact.
Source Agencies: 458 Alcoholic Beverage Commission
458 Alcoholic Beverage Commission
LBB Staff: UP, CL, AI, JHa
UP, CL, AI, JHa