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. 1-40 * * * * *