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.