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.