By Pickett H.B. No. 2518 74R7941 CAG-D 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.