By Jones of Dallas H.B. No. 653
74R3774 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to sales of alcoholic beverages near a church, school,
1-3 hospital, or residential neighborhood.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 109.33(a), (b), and (d), Alcoholic
1-6 Beverage Code, are amended to read as follows:
1-7 (a) The commissioners court of a county may enact
1-8 regulations applicable in areas in the county outside an
1-9 incorporated city or town, and the governing board of an
1-10 incorporated city or town may enact regulations applicable in the
1-11 city or town, prohibiting the sale of alcoholic beverages by a
1-12 dealer whose place of business is within 500 <300> feet of a
1-13 church, public or private school, <or> public or private hospital,
1-14 or residential zoned district.
1-15 (b) The measurement of the distance between the place of
1-16 business where alcoholic beverages are sold and a <the> church, <or
1-17 public> hospital, <shall be along the property lines of the street
1-18 fronts and from front door to front door, and in direct line across
1-19 intersections. The measurement of the distance between the place
1-20 of business where alcoholic beverages are sold and the public>
1-21 school, or residential zoned district shall be from the nearest
1-22 property line of the church, hospital, <public> school, or district
1-23 to the nearest property line <doorway by which the public may enter
1-24 the place> of the business, along street lines and in direct line
2-1 across intersections. <For any permit or license covering a
2-2 premise where minors are prohibited from entering the premises
2-3 under Section 109.53, the measurement of the distance between the
2-4 premises and a public school shall be along the property lines of
2-5 the street fronts and from front door to front door, and in a
2-6 direct line across intersections.>
2-7 (d) In this section, "residential zoned district" means a
2-8 single family, duplex, townhouse, multifamily, or mobile home
2-9 zoning district as defined by the governing board of a municipality
2-10 or the commissioners court of a county. <As to any dealer who held
2-11 a license or permit on September 1, 1983, in a location where a
2-12 regulation under this section was in effect on that date, for
2-13 purposes of Subsection (a), but not Subsection (c), of this
2-14 section, the measurement of the distance between the place of
2-15 business of the dealer and a public school shall be along the
2-16 property lines of the street fronts and from front door to front
2-17 door, and in direct line across intersections. This subsection
2-18 applies only as long as the place of business is continuously in
2-19 operation from that date, whether or not under the same license or
2-20 permit.>
2-21 SECTION 2. Section 109.59, Alcoholic Beverage Code, is
2-22 repealed.
2-23 SECTION 3. If a county or incorporated city or town in which
2-24 a regulation enacted under Section 109.33(a), Alcoholic Beverage
2-25 Code, is in effect on the effective date of this Act changes that
2-26 regulation to extend the distance of the prohibition of the sale of
2-27 alcoholic beverages in accordance with Section 109.33, Alcoholic
3-1 Beverage Code, as amended by this Act, the change enacted by the
3-2 county, city, or town applies only to permits or licenses granted
3-3 or renewed on or after the effective date of the change. A permit
3-4 or license in existence on the effective date of the change is
3-5 governed by the former regulation until the permit or license
3-6 expires or is renewed, and the former regulation continues in
3-7 effect for that purpose.
3-8 SECTION 4. This Act takes effect January 1, 1997.
3-9 SECTION 5. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.