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.