BILL ANALYSIS



H.B. 2518
By: Pickett
4-4-95
Committee Report (Unamended)


BACKGROUND

Section 109.33 of the Alcoholic Beverage Code authorizes local
governing boards to enact regulations restricting the sale of
alcoholic beverages within certain distances to a school, church,
or hospital.  However, child and day-care facilities have grown in
number and were left out of the language of this section.


PURPOSE

As proposed, H.B. 2518 merely adds child-care and day-care
facilities to the current distance requirement restrictions already
contained in the Alcoholic Beverage Code.


RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 109.33 (a),(b),(c),(d) of the Alcoholic
Beverage Code by adding the term Child-care facility or day-care
center to the list of entities covered by current distance
requirements.

(f) assigns the definition of "child-care facility" and "day-care
center" to the meaning assigned under the terms of 42.002, Human
Resources Code.  

SECTION 2.  Effective Date:  September 1, 1995.

SECTION 3.  Emergency Clause


SUMMARY OF COMMITTEE ACTION

HB 2518 was heard in a Public Hearing on March 29, 1995.  HB 2518
was left pending in committee.  HB 2518 was heard in a Formal
Meeting on April 4, 1995.  Representative Yarbrough moved that the
full committee adopt HB 2518, 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: (9),
NAYS: (0), ABSENT: (0).  Representative Yarbrough moved that HB
2518 be sent to the Local and Consent Calendar by the vote which HB
2518 had been favorably approved.  There was no objection.