By West                                                S.B. No. 147
       74R2700 CAG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the power of a governmental entity to regulate the
    1-3  location of the premises of the holder of an alcoholic beverage
    1-4  license or permit.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 109.57, Alcoholic Beverage Code, is
    1-7  amended to read as follows:
    1-8        Sec. 109.57.  LOCAL REGULATION <APPLICATION OF CODE; OTHER
    1-9  JURISDICTIONS>.  (a)  A governmental entity, if otherwise
   1-10  authorized, may adopt a zoning regulation regulating the location
   1-11  of the premises of a holder of an alcoholic beverage license or
   1-12  permit.  <Except as is expressly authorized by this code, a
   1-13  regulation, charter, or ordinance promulgated by a governmental
   1-14  entity of this state may not impose stricter standards on premises
   1-15  or businesses required to have a license or permit under this code
   1-16  than are imposed on similar premises or businesses that are not
   1-17  required to have such a license or permit.>
   1-18        <(b)  It is the intent of the legislature that this code
   1-19  shall exclusively govern the regulation of alcoholic beverages in
   1-20  this state, and that except as permitted by this code, a
   1-21  governmental entity of this state may not discriminate against a
   1-22  business holding a license or permit under this code.>
   1-23        <(c)  Neither this section nor Section 1.06 of this code
   1-24  affects the validity or invalidity of a zoning regulation that was
    2-1  formally enacted before June 11, 1987, and that is otherwise valid,
    2-2  or any amendment to such a regulation enacted after June 11, 1987,
    2-3  if the amendment lessens the restrictions on the licensee or
    2-4  permittee or does not impose additional restrictions on the
    2-5  licensee or permittee.>  For purposes of this subsection, "zoning
    2-6  regulation" means any charter provision, rule, regulation, or other
    2-7  enactment governing the location and use of buildings, other
    2-8  structures, and land.
    2-9        (b) <(d)>  This section does not affect the authority of a
   2-10  governmental entity to regulate, in a manner as otherwise permitted
   2-11  by law, the location of:
   2-12              (1)  a massage parlor, nude modeling studio, or other
   2-13  sexually oriented business; or
   2-14              (2)  an establishment that derives 75 percent or more
   2-15  of the establishment's gross revenue from the on-premise sale of
   2-16  alcoholic beverages.
   2-17        SECTION 2.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended,
   2-22  and that this Act take effect and be in force from and after its
   2-23  passage, and it is so enacted.