By Giddings                                           H.B. No. 3114
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the local regulation of the location of businesses
    1-3  selling alcoholic beverages and the consumption of alcoholic
    1-4  beverages within 1,500 feet of schools.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Sections 109.57, Alcoholic Beverage Code, is
    1-7  amended by adding Subsection (e) to read as follows:
    1-8        (e)  The governing body of a municipality by ordinance may
    1-9  zone, in a manner as otherwise permitted by law for the location of
   1-10  an establishment holding a license or permit under this code whose
   1-11  place of business is within 1,500 feet of a public or private
   1-12  school.  The measurement of the distance between the establishment
   1-13  and the public or private school to the property line of the
   1-14  establishment, and in direct line across intersections.
   1-15        SECTION 2.  Section 109.33 Alcoholic Beverage Code, is
   1-16  amended by adding Subsection (f) to read as follows:
   1-17        (f)  The governing body of municipality by ordinance may
   1-18  prohibit an open container or the public consumption of alcoholic
   1-19  beverages within 1,500 feet of a public or private school.
   1-20        SECTION 3.  This Act takes effect September 1, 1995.
   1-21        SECTION 4.  The importance of this legislation and the
   1-22  crowded condition of the calendars in both houses create an
   1-23  emergency and an imperative public necessity that the
    2-1  constitutional rule requiring bills to be read on three several
    2-2  days in each house be suspended, and this rule is hereby suspended.