1-1 AN ACT 1-2 relating to the required distance between certain businesses that 1-3 sell alcoholic beverages and a day-care center or child-care 1-4 facility. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter C, Chapter 109, Alcoholic Beverage 1-7 Code, is amended by adding Section 109.331 to read as follows: 1-8 Sec. 109.331. SALES NEAR DAY-CARE CENTER OR CHILD-CARE 1-9 FACILITY. (a) This section applies only to a permit or license 1-10 holder under Chapter 25, 28, 32, 69, or 74 who does not hold a food 1-11 and beverage certificate. 1-12 (b) Except as provided by this subsection, the provisions of 1-13 Section 109.33 relating to a public school also apply to a day-care 1-14 center and a child-care facility as those terms are defined by 1-15 Section 42.002, Human Resources Code. Sections 109.33(a)(2) and 1-16 (c) do not apply to a day-care center or child-care facility. 1-17 (c) This section does not apply to a permit or license 1-18 holder who sells alcoholic beverages if: 1-19 (1) the permit or license holder and the day-care 1-20 center or child-care facility are located on different stories of a 1-21 multistory building; or 1-22 (2) the permit or license holder and the day-care 1-23 center or child-care facility are located in separate buildings and 1-24 either the permit or license holder or the day-care center or 2-1 child-care facility is located on the second story or higher of a 2-2 multistory building. 2-3 (d) This section does not apply to a foster group home, 2-4 foster family home, family home, agency group home, or agency home 2-5 as those terms are defined by Section 42.002, Human Resources Code. 2-6 SECTION 2. This Act takes effect September 1, 1997. 2-7 SECTION 3. The importance of this legislation and the 2-8 crowded condition of the calendars in both houses create an 2-9 emergency and an imperative public necessity that the 2-10 constitutional rule requiring bills to be read on three several 2-11 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 325 was passed by the House on May 2, 1997, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 325 on May 22, 1997, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 325 was passed by the Senate, with amendments, on May 20, 1997, by a viva-voce vote. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor