NDT H.B. 2997 75(R)BILL ANALYSIS


LICENSING & ADMINISTRATIVE PROCEDURES
H.B. 2997
By: Jones, Delwin
4-14-97
Committee Report (Amended)



BACKGROUND 

Under current law, the advertising of alcoholic beverages and 
establishments that legally sell 
alcohol is prohibited in an area or zone where the sale of 
alcoholic beverages is prohibited by 
law, also known as "dry" areas.   In some instances, businesses 
that are licensed to sell alcoholic 
beverages are located on the very edge of a "wet" precinct.  H.B. 
2997 would allow such 
business to place billboard advertising in dry areas under very 
limited circumstances.  Those 
limitations would be that the sign must be within 1,500 feet of 
the premises being advertised and 
an interstate highway must separate the sign and the 
establishment being advertised.

PURPOSE

H.B. 2997  authorizes the  placement of billboard advertising of 
alcoholic beverages  in dry areas 
restricted to within 1,500 feet of the premises of an 
establishment licensed to sell alcoholic 
beverages and an interstate highway must separate the sign and 
the establishment.

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 Section 108.56, Alcoholic Beverage Code.

Amends Section 108.56, Alcoholic Beverage Code, to add a new 
subsection (b) to allow a person 
to erect or maintain a billboard in an area or zone where the 
sale of alcoholic beverages is 
prohibited by law under two restrictions in subsection (b):
 
  (1)  if the billboard is within 1,500 feet of the premises that 
the billboard advertises, and
 
  (2)  an interstate highway separates the premises and the 
billboard . 

SECTION 2. Emergency Clause; Effective Immediately.




EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 added a provision that the billboard be 
located in a county with a 
population of 250,000 or less.  The amendment also allows a 
billboard to be erected in an 
affected area if a United States Highway merges into and becomes 
an interstate highway 
separating the premises and the billboard.  The amendment further 
provides for the placement of 
a billboard if the billboard is located adjacent to a wet 
precinct separated by a United States 
highway that merges into and becomes an interstate highway in a 
county with a population of 
250,000 or less and advertises directions to a winery located in 
the adjacent wet precinct.