By:  Armbrister                               S.B. No. 672

         97S0442/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to permitting an aircraft to be used in alcoholic beverage

 1-2     advertising or promotion.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subdivision (1), Section 108.51, Alcoholic

 1-5     Beverage Code, is amended to read as follows:

 1-6                 (1)  "Outdoor advertising" means any sign bearing a

 1-7     word, mark, description, or other device that is used to advertise

 1-8     an alcoholic beverage or the business of a person who manufactures,

 1-9     sells, or distributes an alcoholic beverage if the sign is

1-10     displayed outside the walls or enclosure of a building or structure

1-11     where a license or permit is issued or if it is displayed inside a

1-12     building but within five feet of an exterior wall facing a street

1-13     or highway so that it is visible by a person of ordinary vision

1-14     from outside the building. "Outdoor advertising" does not include

1-15     advertising appearing on radio or television, in a public vehicular

1-16     conveyance for hire, on a race car while participating at a

1-17     professional racing event or at a permanent motorized racetrack

1-18     facility, on a boat participating in a racing event or a boat show,

1-19     on an aircraft [participating in an air show], on a bicycle or on

1-20     the clothing of a member of a bicycle team participating in an

1-21     organized bicycle race, or in a newspaper, magazine, or other

1-22     literary publication published periodically.  For the purpose of

1-23     this definition the word "sign," with respect to a retailer, does

 2-1     not include an identifying label affixed to a container as

 2-2     authorized by law or to a card or certificate of membership in an

 2-3     association or organization if the card or certificate is not

 2-4     larger than 80 square inches.

 2-5           SECTION 2.  The importance of this legislation and the

 2-6     crowded condition of the calendars in both houses create an

 2-7     emergency and an imperative public necessity that the

 2-8     constitutional rule requiring bills to be read on three several

 2-9     days in each house be suspended, and this rule is hereby suspended,

2-10     and that this Act take effect and be in force from and after its

2-11     passage, and it is so enacted.