1-1 By: Cain S.B. No. 714
1-2 (In the Senate - Filed February 22, 1995; February 23, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 April 4, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 13, Nays 0; April 4, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Cain
1-7 Amend S.B. No. 714 by striking the word "20" on page 2, line 15
1-8 (committee printing page 1, line 48) and substituting the word
1-9 "12".
1-10 A BILL TO BE ENTITLED
1-11 AN ACT
1-12 relating to national fraternal organizations exempt from certain
1-13 requirements of the Alcoholic Beverage Code.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Subdivision (1), Subsection (a), Section 32.11,
1-16 Alcoholic Beverage Code, is amended to read as follows:
1-17 (1) "Fraternal organization" means:
1-18 (A) any chapter, aerie, parlor, lodge, or other
1-19 local unit of an American national fraternal organization or Texas
1-20 state fraternal organization that, as the owner, lessee, or
1-21 occupant, has operated an establishment for fraternal purposes for
1-22 at least one year. If an American national fraternal organization,
1-23 it must actively operate in not fewer than 31 states and have at
1-24 least 300 local units in those 31 states, and must have been in
1-25 active, continuous existence for at least 20 years. If a Texas
1-26 state fraternal organization, it must actively operate in at least
1-27 two counties of the state and have at least 10 local units in those
1-28 two counties, and must have been in active, continuous existence
1-29 for at least five years;
1-30 (B) a hall association or building association
1-31 of a local unit described in Paragraph (A), all the capital stock
1-32 of which is owned by the local unit or the members of the local
1-33 unit, and which operates the clubroom facilities of the local unit;
1-34 <or>
1-35 (C) a building association not owned by a local
1-36 unit described in Paragraph (A) but one that is composed wholly of
1-37 members appointed by a county commissioners court to administer,
1-38 manage, and control an exposition center containing an exhibition
1-39 area of not less than 100,000 square feet and an arena with not
1-40 less than 6,000 fixed seats, situated on property with an area of
1-41 not less than 50 acres that is owned, together with all buildings,
1-42 appurtenances, and parking areas, by a county; or
1-43 (D) a chapter or other local unit of an American
1-44 national fraternal organization that promotes physical fitness and
1-45 provides classes in athletics to children and that, as owner,
1-46 lessee, or occupant, has operated an establishment for fraternal
1-47 purposes for at least one year. The fraternal organization must:
1-48 (i) actively operate in not fewer than 20
1-49 states;
1-50 (ii) have at least six local units in this
1-51 state; and
1-52 (iii) have at least one unit in this state
1-53 that has been in active, continuous existence for at least 75
1-54 years.
1-55 SECTION 2. This Act takes effect September 1, 1995.
1-56 SECTION 3. The importance of this legislation and the
1-57 crowded condition of the calendars in both houses create an
1-58 emergency and an imperative public necessity that the
1-59 constitutional rule requiring bills to be read on three several
1-60 days in each house be suspended, and this rule is hereby suspended.
1-61 * * * * *