1-1  By:  Gutierrez (Senate Sponsor - Lucio)                H.B. No. 908
    1-2        (In the Senate - Received from the House April 26, 1993;
    1-3  April 27, 1993, read first time and referred to Committee on State
    1-4  Affairs; May 26, 1993, reported favorably by the following vote:
    1-5  Yeas 7, Nays 0; May 26, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Harris of Dallas   x                               
    1-9        Rosson                                         x   
   1-10        Carriker           x                               
   1-11        Henderson                                      x   
   1-12        Leedom                                         x   
   1-13        Lucio              x                               
   1-14        Luna               x                               
   1-15        Nelson             x                               
   1-16        Patterson          x                               
   1-17        Shelley                                        x   
   1-18        Sibley                                         x   
   1-19        West               x                               
   1-20        Whitmire                                       x   
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to extended hours for the sale, delivery, consumption, and
   1-24  possession of alcoholic beverages.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Sections 105.05(c) and (d), Alcoholic Beverage
   1-27  Code, are amended to read as follows:
   1-28        (c)  In a county having a population of 500,000 <300,000> or
   1-29  more, according to the last preceding federal census, a holder of a
   1-30  retail dealer's on-premise late hours license may also sell, offer
   1-31  for sale, and deliver beer between midnight and 2 a.m. on any day.
   1-32        (d)  In a county having a population of less than 500,000
   1-33  <300,000>, according to the last preceding federal census, the
   1-34  extended hours prescribed in Subsection (c) of this section are
   1-35  effective for the sale, offer to sell, and delivery of beer by a
   1-36  holder of a retail dealer's on-premise late hours license:
   1-37              (1)  in the unincorporated areas of the county if the
   1-38  extended hours are adopted by an order of the commissioners court;
   1-39  and
   1-40              (2)  in an incorporated city or town if the extended
   1-41  hours are adopted by an ordinance of the governing body of the city
   1-42  or town.
   1-43        SECTION 2.  Sections 105.03(c) and (d), Alcoholic Beverage
   1-44  Code, are amended to read as follows:
   1-45        (c)  In a county having a population of 500,000 <300,000> or
   1-46  more, according to the last preceding federal census, a holder of a
   1-47  mixed beverage late hours permit may also sell and offer for sale
   1-48  mixed beverages between midnight and 2 a.m. on any day.
   1-49        (d)  In a county having a population of less than 500,000
   1-50  <300,000>, according to the last preceding federal census, the
   1-51  extended hours prescribed in Subsection (c) of this section are
   1-52  effective for the sale of mixed beverages and the offer to sell
   1-53  them by a holder of a mixed beverages late hour permit:
   1-54              (1)  in the unincorporated areas of the county if the
   1-55  extended hours are adopted by an order of the commissioners court;
   1-56  and
   1-57              (2)  in an incorporated city or town if the extended
   1-58  hours are adopted by an ordinance of the governing body of the city
   1-59  or town.
   1-60        SECTION 3.  Section 105.06(a), Alcoholic Beverage Code, is
   1-61  amended to read as follows:
   1-62        (a)  In this section:
   1-63              (1)  "Extended hours area" means an area<:>
   1-64                    <(A)  located in a county having a population of
   1-65  more than 300,000, according to the last preceding federal census;
   1-66  or>
   1-67                    <(B)  located in a county having a population of
   1-68  not more than 300,000, according to the last preceding federal
    2-1  census, if the area has been made> subject to the extended hours of
    2-2  sale provided in Section 105.03 or 105.05 of this code.
    2-3              (2)  "Standard hours area" means an area which is not
    2-4  an extended hours area.
    2-5        SECTION 4.  This Act takes effect September 1, 1993.
    2-6        SECTION 5.  The importance of this legislation and the
    2-7  crowded condition of the calendars in both houses create an
    2-8  emergency and an imperative public necessity that the
    2-9  constitutional rule requiring bills to be read on three several
   2-10  days in each house be suspended, and this rule is hereby suspended.
   2-11                               * * * * *
   2-12                                                         Austin,
   2-13  Texas
   2-14                                                         May 26, 1993
   2-15  Hon. Bob Bullock
   2-16  President of the Senate
   2-17  Sir:
   2-18  We, your Committee on State Affairs to which was referred H.B.
   2-19  No. 908, have had the same under consideration, and I am instructed
   2-20  to report it back to the Senate with the recommendation that it do
   2-21  pass and be printed.
   2-22                                                         Harris of
   2-23  Dallas, Chairman
   2-24                               * * * * *
   2-25                               WITNESSES
   2-26  No witnesses appeared on H.B. No. 908.