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.