Untitled Texas Attorney General Opinion

TEIEA'I~‘ORNEY GENERAL OF TEXAS AUSTIN. T-s 78711 June 19. 1975 The Honorable Kenneth W. Cook Opinion No. H- 630 Administrator Texan Alcoholic Beverage Commission Re: Whether a private club P. 0. Box 13127, Capitol Station license fee can be paid under Austin, Texan 78711 protest to the Alcoholic Beverage Commission. Dear Mr. Cook: You have requested our opinion concerning whether the provisions of article 1.05, Taxation-General, and article 7057b, V. T. C. S., apply to the license fee payable by~private clubs as provided by article ,666-15e, eection 6, Vernon!r Texarr.Penal Auxiliary; Lawn. Article 1.05, Taxation-General, and article 7057b provide a procedure by which “any person, firm, or -oration who may be required to pay . . . license . . . tax or fee” may pay such under protest and bring suit to establish the true liability, if any. Article 666-lSe, section 6, provides that the Private Club Registration Permit fee shall be paid “as provided in Section 15b. I’ Article 666-15b, Penal Auxiliary Laws, provides for advance paymeht of the fefe’e.andstates: No refund of permit [fees] shall for any reason be made by the Board, except when the permittee ie prevented from continuing in businesr by reason of the result of a local option election, or upon rejection of an application for a permit by the Board or Administrator. In our view, this provision wae intended to prohibit the return of a properly determined fee except as provided. We do not believe the Legislature intended to remove the permit fee from the operation of the payment in protest p. 2788 The Honorable Kenneth W. Cook - Page 2 (H.-630) statutes. While article 666-15e (7a) makes no reference to these statutes and provides for an appeal from a revocation of a permit, the procedures of the payment in protest statutes remain available. Berry v. McDonald, 123 S. W. 2d 388 (Tex. Civ. App. -- San Antonio 1938, no writ). The language of article 1.05, Taxation-General, and article 705713 is absolute; they provide that x person may utilize their procedures. While some statutes provide similar procedures to be utilized instead of those therein provided, Attorney General Opinion C-29 (1963), article 666-15e does not. ‘Accordingly, it,is our opinion that the procedures provided by article 1.05, Taxation-General, and article 7057b are available to a person paying a Private Club Registration Permit fee. SUMMARY Article 1.05, Taxation-General, and article 7057b, v. 3:. c. s., are applicable to the Privates C)ub Registration Permit as provided by article 666-15e. : ” section 6, Vernon’s Penal Auxiliary Laws. Very truly yours, General of Texas C. ROBERT HEATH, Chairman ~- Opinion Committee jwb p. 2789