By Nixon                                         H.B. No. 282

      75R369 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the sale, service, delivery, distribution, or

 1-3     consumption of alcoholic beverages on the premises of a sexually

 1-4     oriented business.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Chapter 243, Local Government Code, is amended by

 1-7     adding Section 243.012 to read as follows:

 1-8           Sec. 243.012.  BAN ON ALCOHOLIC BEVERAGES.  (a)  A person

 1-9     commits an offense if the person sells, serves, delivers,

1-10     distributes, or consumes an alcoholic beverage on the premises of a

1-11     sexually oriented business or knowingly allows a person to sell,

1-12     serve, deliver, distribute, or consume an alcoholic beverage on the

1-13     premises of a sexually oriented business. An offense under this

1-14     subsection is a Class A misdemeanor.

1-15           (b)  A municipality or county may not adopt a regulation

1-16     under this chapter that allows alcoholic beverages to be sold,

1-17     served, delivered, distributed, or consumed on the premises of a

1-18     sexually oriented business.

1-19           (c)  In this section, "alcoholic beverage" has the meaning

1-20     assigned by Section 1.04, Alcoholic Beverage Code.

1-21           SECTION 2.  Section 243.005, Local Government Code, is

1-22     amended to read as follows:

1-23           Sec. 243.005.  [BUSINESS LICENSED UNDER ALCOHOLIC BEVERAGE

1-24     CODE:]  BUSINESS HAVING COIN-OPERATED MACHINES.  (a) A business is

 2-1     not exempt from regulation under this chapter because it [holds a

 2-2     license or permit under the Alcoholic Beverage Code authorizing the

 2-3     sale or service of alcoholic beverages or because it] contains one

 2-4     or more coin-operated machines that are subject to regulation or

 2-5     taxation, or both, under Chapter 8, Title 132, Revised Statutes.

 2-6           (b)  A regulation adopted under this chapter may not

 2-7     discriminate against a business on the basis of whether the

 2-8     business [holds a license or permit under the Alcoholic Beverage

 2-9     Code or on the basis of whether it] contains one or more

2-10     coin-operated machines that are subject to regulation or taxation,

2-11     or both, under Chapter 8, Title 132, Revised Statutes.

2-12           [(c)  This chapter does not affect the existing preemption by

2-13     the state of the regulation of alcoholic beverages and the

2-14     alcoholic beverage industry as provided by Section 1.06, Alcoholic

2-15     Beverage Code.]

2-16           SECTION 3.  (a) This Act takes effect January 1, 1998.

2-17           (b)  If a sexually oriented business that has a license or

2-18     permit issued by the Texas Alcoholic Beverage Commission surrenders

2-19     the license or permit to the commission before the effective date

2-20     of this Act, the Texas Alcoholic Beverage Commission shall refund

2-21     to the sexually oriented business an amount determined by dividing

2-22     the number of days the business will not be able to use the license

2-23     or permit as a result of the change in law made by this Act, by the

2-24     number of days for which the license or permit, as originally

2-25     issued, is valid, and by multiplying the quotient by the amount of

2-26     the license or permit fee.

2-27           (c)  The change in law made by this Act applies only to an

 3-1     offense committed on or after the effective date of this Act. For

 3-2     the purposes of this section, an offense is committed before the

 3-3     effective date of this Act if any element of the offense occurs

 3-4     before that date.

 3-5           (d)  An offense committed before the effective date of this

 3-6     Act is covered by the law in effect when the offense was committed,

 3-7     and the former law is continued in effect for that purpose.

 3-8           (e)  The change in law made by this Act applies to any holder

 3-9     of a license or permit under the Alcoholic Beverage Code, including

3-10     a holder of a food and beverage certificate.

3-11           SECTION 4.  The importance of this legislation and the

3-12     crowded condition of the calendars in both houses create an

3-13     emergency and an imperative public necessity that the

3-14     constitutional rule requiring bills to be read on three several

3-15     days in each house be suspended, and this rule is hereby suspended.