BILL ANALYSIS



C.S.H.B. 1051
By: Yarbrough
4-21-95
Committee Report (Substituted)


BACKGROUND

Presently, in many areas of the state,  "Sexually Oriented
Businesses"  in order to escape municipal regulation, are moving
specifically into certain areas of a municipality. Many of these
areas of the  municipalities are not zoned, however, they are areas
which have platted subdivisions. Under current law there is no way
to keep a large concentration of these types of establishments from
enveloping a residential neighborhood. Further complicating this
issue is that the restrictions on where these  types of
establishment can be located are interpreted very vaguely between
municipalities and the Texas Alcoholic Beverage Commission.

PURPOSE

CSHB 1051 would create restrictions on the location of Sexually
Oriented Businesses that possess an Alcoholic Beverage license or
permit and defines "sexually oriented business" and "residential
neighborhood".

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1.     Amends Subchapter D, Chapter 109, Alcoholic Beverage
Code, by adding Section 109.61.

Sec. 109.61.  RESTRICTION ON LOCATION OF SEXUALLY ORIENTED
BUSINESS.  Defines restrictions on location of Sexually Oriented
Business, for which a permit may be issued or renewed. 
Restrictions include: 3,000 feet from residential neighborhoods,
churches, public or private school, playground, athletic field,
park, stadium or hospital.

(b) (1) Defines Residential Neighborhood.

(2) Defines "Sexually Oriented Business ".

(b) (2) (A) Excludes bookstore

(b) (2) (B) Excludes business operated by or employing certain
licensed professionals engaged in performing functions authorized
under the license held;

(b) (2) (C) Excludes a business operated or employing a licensed
physician or licensed chiropractor engaged in practicing the
healing arts.

SECTION 2.   Effective date:  September 1, 1995.

SECTION 3.  Emergency clause.





COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute changes the distance requirements from 5,000 feet in
the original to 3,000 feet contained in the substitute.  It also
adds "day care facility, and includes athletic fields used by
persons under 18 years of age.  The substitute also adds to the
definition of "Sexually oriented business" whose primary or
secondary business is of a sexual nature.  The original did not
contain these provisions.

SUMMARY OF COMMITTEE ACTION

HB 1051 was heard in a Public Hearing on April 11, 1995.  The Chair
laid out HB 1051 and recognized the author, Rep. Yarbrough to
explain the bill.  The Chair recognized the following persons to
testify in favor of the bill: 
     Mr. Michael White, Greater Houston Partnership;
The Chair recognized the following persons to testify against the
bill:
     Mr. Steven H. Swander, Attorney, Texas Entertainment Assn.;
The Chair recognized Rep. Yarbrough to close.  HB 1051 was left
pending in committee.  There was no objection.  HB 1051 was
considered in a Formal Meeting on April 21, 1995.  The Chair laid
out HB 1051 which was pending in committee.  There was no
objection.  Rep. Pickett offered a complete committee substitute to
HB 1051, and moved that the full committee adopt CSHB 1051.  There
was no objection.  Rep. Yarbrough moved that the full committee
adopt HB 1051 as substituted, and that it be reported favorably to
the full House with the recommendation that it do pass and be
printed.  The motion prevailed by the following vote:  AYES: 8,
NAYS: 0, ABSENT: 1