By Pickett                                       H.B. No. 325

      75R2515 BEM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the required distance between a business that sells

 1-3     alcoholic beverages and a day-care center or child-care facility.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter C, Chapter 109, Alcoholic Beverage

 1-6     Code, is amended by adding Section 109.331 to read as follows:

 1-7           Sec. 109.331.  SALES NEAR DAY-CARE CENTER OR CHILD-CARE

 1-8     FACILITY.  (a)  The provisions of Section 109.33 relating to a

 1-9     public school also apply to a day-care center and a child-care

1-10     facility as those terms are defined by Section 42.002, Human

1-11     Resources Code.

1-12           (b)  This section applies to a dealer or business that sells

1-13     alcoholic beverages, including a holder of a food and beverage

1-14     certificate.

1-15           (c)  This section does not apply to a dealer or business that

1-16     sells alcoholic beverages if:

1-17                 (1)  the dealer or business and the day-care center or

1-18     child-care facility are located on different stories of a

1-19     multistory building; or

1-20                 (2)  the dealer or business and the day-care center or

1-21     child-care facility are located in separate buildings and either

1-22     the dealer or business or the day-care center or child-care

1-23     facility is located on the second story or higher of a multistory

1-24     building.

 2-1           SECTION 2.  This Act takes effect September 1, 1997.

 2-2           SECTION 3.  The importance of this legislation and the

 2-3     crowded condition of the calendars in both houses create an

 2-4     emergency and an imperative public necessity that the

 2-5     constitutional rule requiring bills to be read on three several

 2-6     days in each house be suspended, and this rule is hereby suspended.