By Giddings                                           H.B. No. 3139
       74R7988 T
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  prohibiting certain actions by persons on or near routes to public
    1-3  schools or near establishments selling or serving alcoholic
    1-4  beverages at retail.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  This Act shall be known as the "Pearl C. Anderson
    1-7  Middle Learning Center Act."
    1-8        SECTION 2.  Chapter 101, Alcoholic Beverage Code, is amended
    1-9  by adding Sec. 101.76 to read as follows:
   1-10        Sec. 101.76.  PROHIBITED CONDUCT NEAR RETAIL ESTABLISHMENTS
   1-11  OR ON ROUTES TO PUBLIC SCHOOLS.  (a)  A person commits an offense
   1-12  if, in a public place on or near a route regularly used by public
   1-13  school students to gain access to a school, or near an
   1-14  establishment licensed or permitted under this code to sell or
   1-15  serve alcoholic beverages at retail to ultimate consumers,
   1-16  including establishments holding a private club registration
   1-17  permit, the person:
   1-18              (1)  is intoxicated and in the opinion of a police
   1-19  officer the person's intoxication could cause harm  to the person,
   1-20  another person, or to property;
   1-21              (2)  uses abusive, indecent, profane, or vulgar
   1-22  language, and the language by its very utterance tends to offend
   1-23  others or to incite an immediate breach of the peace;
   1-24              (3)  makes an offensive gesture or display, if the
    2-1  gesture or display tends to incite an immediate breach of the
    2-2  peace, or if others are present who are offended or alarmed by the
    2-3  act;
    2-4              (4)  creates, by chemical means, a noxious and
    2-5  unreasonable odor;
    2-6              (5)  abuses, harasses, frightens, or threatens another
    2-7  person in an obviously offensive manner;
    2-8              (6)  makes unreasonable noise in a public place other
    2-9  than a sport shooting range, as defined by Section 250.001, Local
   2-10  Government Code, or in or near a private residence that the person
   2-11  has no right to occupy;
   2-12              (7)  fights with another;
   2-13              (8)  while on or near the premises of a hotel or
   2-14  comparable establishment, for a lewd or unlawful purpose looks into
   2-15  a guest room not the person's own through a window or other opening
   2-16  in the room;
   2-17              (9)  displays a firearm or other deadly weapon in a
   2-18  manner calculated to alarm, threaten, or harass;
   2-19              (10)  exposes the person's anus or genitals and is
   2-20  reckless about whether another may be present who will be offended
   2-21  or alarmed by the person's act;
   2-22              (11)  is using drugs, narcotics or other substances
   2-23  which cause the person's behavior to be threatening, harmful,
   2-24  abusive, frightening, harassing, or offensive to other persons, or
   2-25  to property, or harmful to the person.
   2-26        (b)  An offense committed under subsection (a) of this
   2-27  section is punishable as a class C misdemeanor, except that an
    3-1  offense committed under subdivision (9) is a class B misdemeanor.
    3-2  If an offense listed in subsection (a) of this section is committed
    3-3  in  an area described by Sec. 101.75 of this code, all offenses are
    3-4  punishable as a class B misdemeanor.
    3-5        (c)  The term "intoxicated" has the meaning prescribed in
    3-6  Section 49.01, Penal Code.
    3-7        SECTION 3.  This Act takes effect September 1, 1995.
    3-8        SECTION 4.  The importance of this legislation and the
    3-9  crowded condition of the calendars in both houses create an
   3-10  emergency and an imperative public necessity that the
   3-11  constitutional rule  requiring bills to  be read on three several
   3-12  days in each house be suspended, and this rule is hereby suspended.