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.