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.