1-1           By:  Armbrister                                  S.B. No. 672

 1-2           (In the Senate - Filed February 19, 1997; February 24, 1997,

 1-3     read first time and referred to Committee on State Affairs;

 1-4     March 10, 1997, reported favorably by the following vote:  Yeas 13,

 1-5     Nays 0; March 10, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to permitting an aircraft to be used in alcoholic beverage

 1-9     advertising or promotion.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subdivision (1), Section 108.51, Alcoholic

1-12     Beverage Code, is amended to read as follows:

1-13                 (1)  "Outdoor advertising" means any sign bearing a

1-14     word, mark, description, or other device that is used to advertise

1-15     an alcoholic beverage or the business of a person who manufactures,

1-16     sells, or distributes an alcoholic beverage if the sign is

1-17     displayed outside the walls or enclosure of a building or structure

1-18     where a license or permit is issued or if it is displayed inside a

1-19     building but within five feet of an exterior wall facing a street

1-20     or highway so that it is visible by a person of ordinary vision

1-21     from outside the building.  "Outdoor advertising" does not include

1-22     advertising appearing on radio or television, in a public vehicular

1-23     conveyance for hire, on a race car while participating at a

1-24     professional racing event or at a permanent motorized racetrack

1-25     facility, on a boat participating in a racing event or a boat show,

1-26     on an aircraft [participating in an air show], on a bicycle or on

1-27     the clothing of a member of a bicycle team participating in an

1-28     organized bicycle race, or in a newspaper, magazine, or other

1-29     literary publication published periodically.  For the purpose of

1-30     this definition the word "sign," with respect to a retailer, does

1-31     not include an identifying label affixed to a container as

1-32     authorized by law or to a card or certificate of membership in an

1-33     association or organization if the card or certificate is not

1-34     larger than 80 square inches.

1-35           SECTION 2.  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     and that this Act take effect and be in force from and after its

1-41     passage, and it is so enacted.

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