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