By Giddings H.B. No. 3140
74R7987 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 regulating activity around the Pearl C. Anderson Middle Learning
1-3 Center in Dallas County, Texas and amending the Alcoholic Beverage
1-4 Code.
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. Amend Chapter 109, Alcoholic Beverage Code, by
1-9 adding the following Subchapter E to read as follows:
1-10 Subchapter E: Historically Impacted School Zones.
1-11 Section 109.80. GENERAL. (a) The Texas legislature may by
1-12 statute identify and declare certain areas as "Historically
1-13 Impacted School Zones" if those areas are found:
1-14 (1) to be in close proximity to a public school;
1-15 (2) to be currently experiencing an extraordinarily
1-16 high crime rate; and
1-17 (3) to contain an extraordinarily high concentration
1-18 of alcoholic beverage retailers.
1-19 (b) For purposes of this subchapter and this subchapter
1-20 only, the term "alcoholic beverage retailer" shall include private
1-21 club registration permittees, and the service of alcoholic
1-22 beverages by a private club permittee shall be considered the sale
1-23 of alcoholic beverages.
1-24 Section 109.81. HISTORICALLY IMPACTED SCHOOL ZONES CREATED.
2-1 The legislature hereby declares that the area that is within a 1000
2-2 foot radius of the property line of the Pearl C. Anderson Middle
2-3 Learning Center in Dallas County, Texas, is an Historically
2-4 Impacted School Zone for purposes of this subchapter. This
2-5 designation shall expire on September 1, 1997 unless extended in
2-6 accordance with Section 109.88.
2-7 Section 109.82. PRIVATE SECURITY REQUIRED. (a) The
2-8 commission shall coordinate the hiring of a private security patrol
2-9 person to patrol the Historically Impacted School Zone between the
2-10 hours of 7:00 a.m. and 9:00 a.m. and between the hours of 2:00 p.m.
2-11 and 5:00 p.m. on such days as classes are being held in the school.
2-12 One of the duties of the private security patrol person shall be to
2-13 conspicuously videotape any suspicious activity in the area so as
2-14 to deter and document possible violations of the law.
2-15 (b) The commission shall, from time to time, prepare a list
2-16 of the alcoholic beverage retailers located in an Historically
2-17 Impacted School Zone. The commission shall periodically assess a
2-18 fee on each alcoholic beverage retailer located in the Historically
2-19 Impacted School Zone representing their prorata share of the actual
2-20 expense of hiring such private security patrol persons. The permit
2-21 or license of an alcoholic beverage retailer may not be renewed
2-22 unless the permittee or licensee is current in its payment to the
2-23 commission of all such assessments.
2-24 Section 109.83. CITY POLICE COVERAGE REQUIRED. A
2-25 municipality in which an Historically Impacted School Zone is
2-26 located shall provide the equivalent of two full time law
2-27 enforcement officers whose duties shall be exclusively to patrol
3-1 the Historically Impacted School Zone, except during extreme
3-2 emergencies in which the presence of the officers is temporarily
3-3 required elsewhere.
3-4 Section 109.84. INCENTIVES TO RETAILERS TO RELOCATE. (a)
3-5 Any taxing authority which has jurisdiction over property located
3-6 in an Historically Impacted School Zone is authorized to grant such
3-7 tax incentives as the taxing authority deems appropriate to
3-8 property owners and businesses in the Historically Impacted School
3-9 Zone in exchange for a contractual agreement by the taxpayer to:
3-10 (1) discontinue selling alcohol at a location where
3-11 alcohol was previously sold, and
3-12 (2) to deed restrict the property on which the
3-13 business is located against future alcohol sales.
3-14 (b) Any municipality in which an Historically Impacted
3-15 School Zone is located may appropriate funds for the following
3-16 purposes:
3-17 (1) to pay to the owner of a business in an
3-18 Historically Impacted School Zone as a negotiated payment in
3-19 compensation for the business owner's agreement to discontinue
3-20 selling alcohol at the location where alcohol was previously sold
3-21 or to relocate an existing alcoholic beverage retail business
3-22 outside of the Historically Impacted School Zone; or
3-23 (2) to pay to the owner of real estate located in an
3-24 Historically Impacted School Zone as a negotiated payment for the
3-25 owner's agreement to deed restrict the property against future
3-26 alcohol sales.
3-27 Section 109.85. CONDEMNATION TO PREVENT ALCOHOL SALES. The
4-1 state and any political subdivision thereof may lawfully condemn by
4-2 eminent domain property which at the commencement of such
4-3 condemnation proceedings was located in an Historically Impacted
4-4 School Zone for the purpose of reselling that property after
4-5 imposing upon that property a deed restriction prohibiting the sale
4-6 of alcohol.
4-7 Section 109.86. LENGTHENED STERILIZATION OF PREMISES WITH
4-8 REPEATED VIOLATIONS. If the permit or license of a licensee or
4-9 permittee located in an Historically Impacted School Zone is
4-10 cancelled by the commission under Section 61.721, the commission
4-11 shall have the authority to refuse to issue any new alcoholic
4-12 beverage permit or license for the same premises for up to 5 years
4-13 after the date of cancellation.
4-14 Section 109.87. OPEN CONTAINERS AND CONSUMPTION PROHIBITED
4-15 IN AN HISTORICALLY IMPACTED SCHOOL ZONE. (a) A person commits an
4-16 offense if the person possesses an open container of alcohol or
4-17 consumes an alcoholic beverage on a public street, public alley, or
4-18 public sidewalk in an area that the person knows or should
4-19 reasonably know is an Historically Impacted School Zone. A person
4-20 shall be presumed to have knowledge that an area is an Historically
4-21 Impacted School Zone if signs stating that fact and stating that
4-22 possession and consumption of alcohol are prohibited in the zone
4-23 are posted on all major thoroughfares entering the Historically
4-24 Impacted School Zone.
4-25 (b) This section does not apply to the possession of an open
4-26 container or the consumption of alcohol at an event duly authorized
4-27 by appropriate authorities and held in compliance with all other
5-1 applicable provisions of this code.
5-2 (c) An offense under this section is a class C misdemeanor.
5-3 (d) In this section, "open container" has the meaning
5-4 assigned in Section 109.35.
5-5 Section 109.88. CONTINUANCE OF DESIGNATION AS AN
5-6 HISTORICALLY IMPACTED SCHOOL ZONE. (a) At least 90 days prior to
5-7 the date that the designation of an Historically Impacted School
5-8 Zone is set to expire, the commission shall hold a hearing to
5-9 determine whether or not the situation which gave rise to the area
5-10 being declared an Historically Impacted School Zone has been
5-11 resolved. If the commission determines that the situation has not
5-12 been resolved, the commission is authorized to extend the period of
5-13 designation in increments of two years. However, such designation
5-14 may not continue for more than 10 years unless the legislature, by
5-15 statute, specifically authorizes additional extensions.
5-16 (b) The commission shall not extend the period of
5-17 designation of the area as an Historically Impacted School Zone
5-18 unless the commission finds that:
5-19 (1) the area remains a high crime area;
5-20 (2) an extremely high concentration of alcoholic
5-21 beverage retailer permittees or licensees continues to operate
5-22 within such area;
5-23 (3) the municipality in which the Historically
5-24 Impacted School Zone is located proves to the satisfaction of the
5-25 commission that during the previous two years the city has provided
5-26 the police coverage called for in this section; and
5-27 (4) a good faith effort has been made during the
6-1 previous two years to establish or maintain an active neighborhood
6-2 association which is open to membership by residents, businesses,
6-3 alcoholic beverage retailers, students, and school officials in the
6-4 Historically Impacted School Zone; and that town hall type meetings
6-5 between school officials, residents, business owners, alcoholic
6-6 beverage retailers, and students have been held to voice concerns
6-7 about and to seek solutions to problems faced by each of the these
6-8 groups in the neighborhood; and that cooperative efforts such as
6-9 neighborhood watch programs have been implemented to help make the
6-10 neighborhood a more desirable place to live while still permitting
6-11 responsible alcoholic beverage retailers to coexist with the
6-12 neighborhood.
6-13 (c) If it is shown during the hearing that the incidence of
6-14 crime in the area is not directly related to the presence of
6-15 alcoholic beverage establishments being located in the area, then
6-16 the requirement in Section 109.82 regarding the provision of
6-17 private security guards shall not be applicable to the area during
6-18 the period of extension.
6-19 Section 109.89. FREEZE ON NEW ALCOHOL LOCATIONS IN AN
6-20 HISTORICALLY IMPACTED SCHOOL ZONE. Upon protest the commission may
6-21 deny the issuance of an original license or permit for any premises
6-22 where an alcoholic beverage license or permit has not previously
6-23 been issued if the commission determines that the premises is
6-24 located in an Historically Impacted School Zone.
6-25 Section 109.90. PREVENTION OF FUTURE IMPACTED SCHOOL ZONES.
6-26 Upon protest the commission may refuse to issue an original license
6-27 or permit authorizing the retail sale or service of alcoholic
7-1 beverages for any premises where an alcoholic beverage license or
7-2 permit has not previously been issued if the commission determines
7-3 that:
7-4 (a) the premises is located within a 500 foot radius of the
7-5 property line of a public school,
7-6 (b) granting the license or permit would result in an
7-7 extremely high concentration of alcoholic beverage retailers
7-8 holding the same type of license or permit within such 500 foot
7-9 radius of a public school,
7-10 (c) the area within such 500 foot radius of a public school
7-11 is a high crime area, and
7-12 (d) granting the license or permit sought would be likely to
7-13 worsen the crime problem in the area.
7-14 SECTION 3. This Act takes effect September 1, 1995.
7-15 SECTION 4. The importance of this legislation and the
7-16 crowded condition of the calendars in both houses create an
7-17 emergency and an imperative public necessity that the
7-18 constitutional rule requiring bills to be read on three several
7-19 days in each house be suspended, and this rule is hereby suspended.