BILL ANALYSIS



H.B. 3139
By: Giddings
4-26-95
Committee Report (Unamended)


BACKGROUND

As a consequence of local options regarding the legal sale of
alcohol, each day students in many urban areas, and at Pearl C.
Anderson Middle Learning Center in Dallas have to walk through a
crime ridden neighborhood often confronting very undesirable
persons drawn to areas where the sale of alcohol is legal and
concentrated.  Frustration regarding this situation, led  the
students to mount a campaign to reclaim this area by contacting a
number of state,  local, and school officials for assistance in  
helping to secure changes to their personal safety and subsequently
clean up the area.  A task force was formed to coordinate the
efforts to redress the students concerns and recommend actions to
state and city officials that would help to confront the situation
and problems unique to Pearl C. Anderson.

PURPOSE

HB 3139 would prohibit certain conduct by individuals near
permitted establishments that are  in areas located near or on
routes to public schools.  


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 - Titles this Act as the Pearl C. Anderson Middle
Learning Center Act.

SECTION 2 - Amends Chapter 101, Alcoholic Beverage Code, by adding
Section 101.76.

     Section 101.76.  PROHIBITED CONDUCT NEAR RETAIL ESTABLISHMENTS
     OR ON ROUTES TO PUBLIC SCHOOLS.  (a) A person commits an
     offense when in a public place on or near a route used
     regularly by public school students going to and from school,
     or near a licensed or permitted establishment which serves or
     sells retail alcoholic beverages, including private clubs, if:
     
           (1) the person is intoxicated and, in a police officer's
           opinion, the person could cause harm to him/herself,
           another person or property.
           
           (2) the person uses abusive, indecent, profane or vulgar
           language and the language tend to offend others or
           incites a breach of the peace.
           
           (3) the person make an offensive gesture or display, if
           the gesture or display incites an immediate breach of
           the peace or if others are offended or alarmed.
           
           (4) the person creates, by chemical means, a noxious and
           unreasonable odor.
           
           (5) the person abuses, harasses, frightens, or threatens
           another in an offensive manner.
           
           (6) the person makes unreasonable noise in a public
           place other than a sport shooting range or in or near
           a private residence the person has no right to occupy.
           
           (7) the person fights with another person.
           
           (8) the person, for a lewd or unlawful purpose, looks
           through a hotel window or other opening into a room not
           that person's own.
           
           (9) the person displays a firearm or other deadly weapon
           in order to alarm, threaten or harass.
           
           (10) the person exposes his or her anus or genitals and
           is reckless about whether someone present will be
           offended or alarmed by such action.
           
           (11) the person is using drugs, narcotics, or other
           substances which causes him or her to be threatening,
           harmful, abusive, frightening, harassing, or offensive
           to others, or to property, or which may be harmful to
           the person.
           
     (b) An offense committed under subsection (a) is punishable as
     a class C misdemeanor, except for subsection (a), subdivision
     (9) which is punishable as a class B misdemeanor.  If an
     offense listed in subsection (a) is committed in an area
     described by Section 101.75, Alcoholic Beverage Code, all
     offenses are punishable as a class B misdemeanor.  Assigns the
     definition to that prescribed in Sec. 49.01, Penal Code.
     
     (c) "Intoxicated" has the meaning prescribed in Section 49.01,
     Penal Code.

SECTION 3 - Effective date.

SECTION 4 - Emergency clause.


SUMMARY OF COMMITTEE ACTION

HB 3139 was heard in a Public Hearing on April 11, 1995.  Rep. Kubiak moved that the full
committee adopt HB 3139 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: 
6, NAYS: 1, ABSENT: 2.  HB 3139 was reconsidered in a Public Hearing on April 11, 1995.  Rep.
Kubiak moved to reconsider the vote by which HB 3139 had been favorably approved.  There was
no objection.  The Chair laid out HB 3139 and recognized Rep. Kubiak to further explain the bill. 
Rep. Kubiak moved that the full committee adopt HB 3139 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: 7, NAYS: 0, ABSENT: 2.  HB 3139 was considered in a Public Hearing on
April 26, 1995.  Rep. Jones moved to reconsider the vote by which HB 3139 had been favorably
approved.  There was no objection.  The Chair laid out HB 3139, and recognized members for
discussion.  Rep. Jones moved that the full committee adopt HB 3139, 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