SRC-TNM H.B. 325 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 325
By: Pickett (Shapleigh)
State Affairs
5-14-97
Engrossed


DIGEST 

Currently, day-care centers or child-care facilities are a necessity for a
substantial number of working families in Texas.  Out of this necessity
for these types of facilities, day-care centers and child-care facilities
do not receive the protection from exposure to bars that churches and
schools enjoy.  Many day-care centers are located in areas that are
convenient for parents to utilize and are close to to the neighborhoods
where the families who use their services reside.  Current law does not
prohibit sales by a permit or license holder under the Alcoholic Beverage
Code near a day-care center or child-care facility.  H.B. 325 would
prohibit sales by a permit or license holder near a day-care center or
childcare facility. 
 
PURPOSE

As proposed, H.B. 325 outlines provisions regarding the required distance
between certain businesses that sell alcoholic beverages and a day-care
center or child-care facility. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 109C, Alcoholic Beverage Code, by adding Section
109.331, as follows: 

Sec. 109.331. SALES NEAR DAY-CARE CENTER OR CHILD-CARE FACILITY. Provides
that this section applies only to a permit or license holder under Chapter
25, 28, 32, 69, or 74 who does not hold a food and beverage certificate.
Provides that except as provided by this subsection, the provisions of
Section 109.33 relating to a public school also apply to a day-care center
and a child-care facility as those terms are defined by Section 42.002,
Human Resources Code.  Provides that Sections 109.33(a)(2) and (c) do not
apply to a day-care center or child-care facility.  Sets forth instances
in which this section does not apply to a permit or license holder who
sells alcoholic beverages. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.