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.