By Hill H.B. No. 3575
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of local governmental entities to
1-3 regulate the location of, and to require certain information
1-4 concerning, the sale or service of alcoholic beverages.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 109.33, Alcoholic Beverage Code, is
1-7 amended to read as follows:
1-8 Sec. 109.33. SALES OR SERVICE NEAR SCHOOL, CHURCH, OR
1-9 HOSPITAL. (a) The commissioners court of a county may enact
1-10 regulations applicable in areas in the county outside an
1-11 incorporated [city or town] municipality, and the governing [board]
1-12 body of [an incorporated city or town] a municipality may enact
1-13 regulations applicable in the [city or town] municipality,
1-14 prohibiting the sale or service of alcoholic beverages by [a
1-15 dealer] the holder of a license or permit issued under this code
1-16 whose place of business is within:
1-17 (1) 300 feet of a church, public school, or public
1-18 hospital; or
1-19 (2) 1,000 feet of a public school, if the
1-20 commissioners court or the governing body receives a request from
1-21 the board of trustees of a school district under Section 38.007,
2-1 Education Code.
2-2 (b) The measurement of the distance between the place of
2-3 business where alcoholic beverages are sold or served and the
2-4 church or public hospital shall be along the property lines of the
2-5 street fronts and from front door to front door, and in direct line
2-6 across intersections. The measurement of the distance between the
2-7 place of business where alcoholic beverages are sold or served and
2-8 the public schools shall be in a direct line from the property line
2-9 of the public school to the property line of the place of business,
2-10 and in a direct line across intersections.
2-11 (c) Every applicant for an original alcoholic beverage
2-12 license or permit for a location with a door by which the public
2-13 may enter the place of business of the applicant that is within
2-14 1,000 feet of the nearest property line of a public school,
2-15 measured along street lines and directly across intersections, must
2-16 give written notice of the application to officials of the public
2-17 school before filing the application with the commission. A copy
2-18 of the notice must be submitted to the commission with the
2-19 application. This Subsection (c) does not apply to a permit or
2-20 license covering a premise where minors are prohibited from
2-21 entering the premises under Section 109.53.
2-22 (d) As to any dealer who held a license or permit on
2-23 September 1, 1983, in a location where a regulation under this
2-24 section was in effect on that date, for purposes of Subsection (a),
2-25 but not Subsection (c), of this section, the measurement of the
3-1 distance between the place of business of the dealer and a public
3-2 school shall be along the property lines of the street fronts and
3-3 from front door to front door, and in direct line across
3-4 intersections.
3-5 (e) The commissioners court of a county or the governing
3-6 board of a [city or town] municipality that has enacted a
3-7 regulation under Subsection (a) of this section may also allow
3-8 variances to the regulation if the commissioners court or governing
3-9 body determines that enforcement of the regulation in a particular
3-10 instance is not in the best interest of the public, constitutes
3-11 waste or inefficient use of land or other resources, creates an
3-12 undue hardship on an applicant for a license or permit, does not
3-13 serve its intended purpose, is not effective or necessary, or for
3-14 any other reason the court or governing board, after consideration
3-15 of the health, safety, and welfare of the public and the equities
3-16 of the situation, determines is in the best interest of the
3-17 community.
3-18 (f) Subsection (a)(2) does not apply to the holder of:
3-19 (1) a retail on-premises consumption permit or license
3-20 if less than 50 percent of the gross receipts for the premises is
3-21 from the sale or service of alcoholic beverages;
3-22 (2) a retail off-premises consumption permit or
3-23 license if less than 50 percent of the gross receipts for the
3-24 premises, excluding the sale of items subject to the motor fuels
3-25 tax, is from the sale or service of alcoholic beverages; or
4-1 (3) a wholesaler's, distributor's, brewer's,
4-2 distiller's and rectifier's, winery, wine bottler's or
4-3 manufacturer's permit or license, or any other license or permit
4-4 held by a wholesaler or manufacturer as those words are ordinarily
4-5 used and understood in Chapter 102.
4-6 SECTION 2. Section 109.57(d), Alcoholic Beverage Code, is
4-7 amended to read as follows:
4-8 (d) This section does not affect the authority of a
4-9 governmental entity to regulate, in a manner as otherwise permitted
4-10 by law, the location of:
4-11 (1) a massage parlor, nude modeling studio, or other
4-12 sexually oriented business; or
4-13 (2) an establishment that derives 75 percent or more
4-14 of the establishment's gross revenue from the on-premise sale or
4-15 service of alcoholic beverages.
4-16 SECTION 3. Section 109.57, Alcoholic Beverage Code, is
4-17 amended by adding a subsection (f) to read as follows:
4-18 (f) In administering this section and notwithstanding the
4-19 provisions of Section 5.48 of this Code or Section 111.006, Section
4-20 151.027, Section 159.005 or Section 171.206 of the Tax Code, a
4-21 governmental entity, including a municipality, may require the
4-22 holder of a license or permit issued under this code (other than a
4-23 fraternal or veterans organization or the holder of a food and
4-24 beverage certificate) to provide the governmental entity with
4-25 information, including sales tax and mixed beverage tax returns by
5-1 which the ratio of revenues derived from the on-premise sale or
5-2 service of alcoholic beverages as a part of the gross revenues of
5-3 the establishment may be determined. The governmental entity may
5-4 require the permit or license holder to provide a verification or
5-5 other sworn certification of that information.
5-6 SECTION 4. This Act takes effect September 1, 1999.
5-7 SECTION 5. The importance of this legislation and the
5-8 crowded condition of the calendars in both houses create an
5-9 emergency and an imperative public necessity that the
5-10 constitutional rule requiring bills to be read on three several
5-11 days in each house be suspended, and this rule is hereby suspended.