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