1-1     By:  Pickett, Glaze, et al.                            H.B. No. 325

 1-2          (Senate Sponsor - Shapleigh)

 1-3           (In the Senate - Received from the House May 5, 1997;

 1-4     May 6, 1997, read first time and referred to Committee on State

 1-5     Affairs; May 18, 1997, reported favorably by the following vote:

 1-6     Yeas 13, Nays 0; May 18, 1997, sent to printer.)

 1-7                            A BILL TO BE ENTITLED

 1-8                                   AN ACT

 1-9     relating to the required distance between certain businesses that

1-10     sell alcoholic beverages and a day-care center or child-care

1-11     facility.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subchapter C, Chapter 109, Alcoholic Beverage

1-14     Code, is amended by adding Section 109.331 to read as follows:

1-15           Sec. 109.331.  SALES NEAR DAY-CARE CENTER OR CHILD-CARE

1-16     FACILITY.  (a)  This section applies only to a permit or license

1-17     holder under Chapter 25, 28, 32, 69, or 74 who does not hold a food

1-18     and beverage certificate.

1-19           (b)  Except as provided by this subsection, the provisions of

1-20     Section 109.33 relating to a public school also apply to a day-care

1-21     center and a child-care facility as those terms are defined by

1-22     Section 42.002, Human Resources Code.  Sections 109.33(a)(2) and

1-23     (c) do not apply to a day-care center or child-care facility.

1-24           (c)  This section does not apply to a permit or license

1-25     holder who sells alcoholic beverages if:

1-26                 (1)  the permit or license holder and the day-care

1-27     center or child-care facility are located on different stories of a

1-28     multistory building; or

1-29                 (2)  the permit or license holder and the day-care

1-30     center or child-care facility are located in separate buildings and

1-31     either the permit or license holder or the day-care center or

1-32     child-care facility is located on the second story or higher of a

1-33     multistory building.

1-34           SECTION 2.  This Act takes effect September 1, 1997.

1-35           SECTION 3.  The importance of this legislation and the

1-36     crowded condition of the calendars in both houses create an

1-37     emergency and an imperative public necessity that the

1-38     constitutional rule requiring bills to be read on three several

1-39     days in each house be suspended, and this rule is hereby suspended.

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