NDT C.S.H.B. 325 75(R)BILL ANALYSIS


LICENSING & ADMINISTRATIVE PROCEDURES
C.S.H.B. 325
By: Pickett
4-1-97
Committee Report (Substituted)



BACKGROUND 

Day-care centers or child-care facilities have grown in popularity for the
thousands of working families in Texas.  Out of the necessity for these
types of facilities, day-care centers and childcare facilities do not
currently receive the protection of exposure to bars that schools,
churches, etc., enjoy.  Many day-care centers locate in areas that are
convenient for parents to utilize and are, generally, close to the
neighborhoods where the families who use their services reside.
Unfortunately, a day-care center can operate in an area for many years and
then find itself with a bar as a new "neighbor", which can create a very
dangerous environment for the children inside the center. 

PURPOSE

As proposed, C.S.H.B. 325 adds a section to the Alcoholic Beverage Code
that would prohibit sales by a permit or license holder near a day-care
center or child-care facility.  C.S.H.B. 325 specifically states which
license holders this new section will apply to and limits the distance
requirement. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 109, Alcoholic Beverage Code as
follows: 
   
 Adds Section 109.331 that (a) specifies the permit or license holders
affected by this new section specifically by the chapters in the Code; (b)
extends the distance protections currently available for schools to
day-care and child-care centers.  Also excludes certain provisions
regarding distance. 

SECTION 2.  Effective date of the Act, September 1, 1997

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute states specifically in the chapter of the Code which permit
or license holders this provision will affect.