1-1  By:  Hilderbran (Senate Sponsor - Gallegos)           H.B. No. 1719
    1-2        (In the Senate - Received from the House May 4, 1995;
    1-3  May 5, 1995, read first time and referred to Committee on State
    1-4  Affairs; May 24, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 10, Nays 0; May 24, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 1719                By:  Gallegos
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to altering the business form of the holder of a permit
   1-11  allowing the sale or service of alcoholic beverages for on-premise
   1-12  consumption.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Chapter 11, Alcoholic Beverage Code is amended by
   1-15  adding Section 11.12 to read as follows:
   1-16        Sec. 11.12.  CHANGE IN FORM OF OWNERSHIP.  The holder of a
   1-17  permit allowing the sale or service of alcoholic beverages for
   1-18  on-premise consumption, including a food and beverage certificate,
   1-19  may alter the form of business under which  a permit is held if the
   1-20  ownership of the new form of business is identical to that of the
   1-21  prior form.  The business form of a permitted premise located
   1-22  within 1,000 feet of the property line of a public school may not
   1-23  be altered or transferred under Section 28.04(d)(2)(B) if receipts
   1-24  from the sale or service of alcohol exceed 50 percent of the gross
   1-25  receipts from the premises.  The measurement of the distance
   1-26  between the place of business where alcoholic beverages are sold
   1-27  and the public schools shall be in a direct line from the property
   1-28  line of the public school to the property line of the place of
   1-29  business and in a direct line across intersections.  A person
   1-30  changing the form of ownership of a business holding a permit
   1-31  allowing the on-premise sale or service of alcoholic beverages
   1-32  shall pay a fee of $100 for each permitted premise and the new
   1-33  business form shall succeed to all the privileges of the prior
   1-34  business form in the permit.
   1-35        SECTION 2.  Chapter 61, Alcoholic Beverage Code is amended by
   1-36  adding Section 61.14 to read as follows:
   1-37        Sec. 61.14.  CHANGE IN FORM OF OWNERSHIP.  The holder of a
   1-38  license allowing the sale of alcoholic beverages for on-premise
   1-39  consumption, including a food and beverage certificate, may alter
   1-40  the form of business under which a license is held if the ownership
   1-41  of the new form of business is identical to that of the prior form.
   1-42  The business form of a licensed premise located within 1,000 feet
   1-43  of the property line of a public school may not be altered.  The
   1-44  measurement of the distance between the place of business where
   1-45  alcoholic beverages are sold and the public schools shall be in a
   1-46  direct line from the property line of the public school to the
   1-47  property line of the place of business and in a direct line across
   1-48  intersections.  A person changing the form of ownership of a
   1-49  business holding a license allowing the on-premise sale or service
   1-50  of alcoholic beverages shall pay a fee of $100 for each licensed
   1-51  premise and the new business form shall succeed to all the
   1-52  privileges of the prior business form in the license.
   1-53        SECTION 3.  The importance of this legislation and the
   1-54  crowded condition of the calendars in both houses create an
   1-55  emergency and an imperative public necessity that the
   1-56  constitutional rule requiring bills to be read on three several
   1-57  days in each house be suspended, and this rule is hereby suspended.
   1-58                               * * * * *