74R7941 CAG-D
By Pickett, et al. H.B. No. 2518
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to sales of alcoholic beverages near a child-care facility
1-3 or a day-care center.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 109.33, Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 Sec. 109.33. SALES NEAR SCHOOL, CHURCH, CHILD-CARE FACILITY,
1-8 DAY-CARE CENTER, OR HOSPITAL. (a) The commissioners court of a
1-9 county may enact regulations applicable in areas in the county
1-10 outside an incorporated city or town, and the governing board of an
1-11 incorporated city or town may enact regulations applicable in the
1-12 city or town, prohibiting the sale of alcoholic beverages by a
1-13 dealer whose place of business is within 300 feet of a church,
1-14 public school, child-care facility, day-care center, or public
1-15 hospital.
1-16 (b) The measurement of the distance between the place of
1-17 business where alcoholic beverages are sold and the church or
1-18 public hospital shall be along the property lines of the street
1-19 fronts and from front door to front door, and in direct line across
1-20 intersections. The measurement of the distance between the place
1-21 of business where alcoholic beverages are sold and the public
1-22 schools, child-care facility, or day-care center shall be from the
1-23 nearest property line of the public school, child-care facility, or
1-24 day-care center to the nearest doorway by which the public may
2-1 enter the place of business, along street lines and in direct line
2-2 across intersections. For any permit or license covering a premise
2-3 where minors are prohibited from entering the premises under
2-4 Section 109.53, the measurement of the distance between the
2-5 premises and a public school, child-care facility, or day-care
2-6 center shall be along the property lines of the street fronts and
2-7 from front door to front door, and in a direct line across
2-8 intersections.
2-9 (c) Every applicant for an original alcoholic beverage
2-10 license or permit for a location with a door by which the public
2-11 may enter the place of business of the applicant that is within
2-12 1,000 feet of the nearest property line of a public school,
2-13 child-care facility, or day-care center, measured along street
2-14 lines and directly across intersections, must give written notice
2-15 of the application to officials of the public school, child-care
2-16 facility, or day-care center before filing the application with the
2-17 commission. A copy of the notice must be submitted to the
2-18 commission with the application. This Subsection (c) does not
2-19 apply to a permit or license covering a premise where minors are
2-20 prohibited from entering the premises under Section 109.53.
2-21 (d) As to any dealer who held a license or permit on
2-22 September 1, 1983, in a location where a regulation under this
2-23 section was in effect on that date, for purposes of Subsection (a),
2-24 but not Subsection (c), of this section, the measurement of the
2-25 distance between the place of business of the dealer and a public
2-26 school, child-care facility, or day-care center shall be along the
2-27 property lines of the street fronts and from front door to front
3-1 door, and in direct line across intersections. This subsection
3-2 applies only as long as the place of business is continuously in
3-3 operation from that date, whether or not under the same license or
3-4 permit.
3-5 (e) The commissioners court of a county or the governing
3-6 board of a city or town that has enacted a regulation under
3-7 Subsection (a) of this section may also allow variances to the
3-8 regulation if the commissioners court or governing body determines
3-9 that enforcement of the regulation in a particular instance is not
3-10 in the best interest of the public, constitutes waste or
3-11 inefficient use of land or other resources, creates an undue
3-12 hardship on an applicant for a license or permit, does not serve
3-13 its intended purpose, is not effective or necessary, or for any
3-14 other reason the court or governing board, after consideration of
3-15 the health, safety, and welfare of the public and the equities of
3-16 the situation, determines is in the best interest of the community.
3-17 (f) In this section, the terms "child-care facility" and
3-18 "day-care center" have the meanings assigned the terms by Section
3-19 42.002, Human Resources Code.
3-20 SECTION 2. This Act takes effect September 1, 1995.
3-21 SECTION 3. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.