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.