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.