By McClendon H.B. No. 3598
76R2555 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring notice regarding the location of
1-3 establishments serving alcoholic beverages, sexually oriented
1-4 businesses, and correctional or rehabilitation facilities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11.391, Alcoholic Beverage Code, is
1-7 amended to read as follows:
1-8 Sec. 11.391. NOTICE BY SIGN. (a) An applicant for a
1-9 [mixed beverage] permit issued under this code [or a private club
1-10 registration permit] for a location not previously licensed for the
1-11 on-premises consumption of alcoholic beverages shall, not later
1-12 than the 60th day before the date the application is filed [on the
1-13 dates notice is required to be published under Section 11.39 of
1-14 this code], prominently post an outdoor sign at the location
1-15 stating that alcoholic beverages are intended to be served on the
1-16 premises, the type of permit, and the name and business address of
1-17 the applicant.
1-18 (b) The sign must be at least 24 by 36 inches in size and
1-19 must [shall] be written in lettering at least two inches in size [a
1-20 manner and of a size the administrator considers adequate to inform
1-21 the general public of the intended use of the property]. The
1-22 administrator may require the sign to be both in English and a
1-23 language other than English if it is likely that a substantial
1-24 number of the residents in the area speak a language other than
2-1 English as their familiar language. The commission shall provide
2-2 such sign and may charge a fee therefor.
2-3 [(c) An application may not be denied for failing to post
2-4 the notice required by this section if the commission or
2-5 administrator determines that the general public in the area in
2-6 which the premises to be licensed is located is adequately aware of
2-7 the nature of the application.]
2-8 [(d) An applicant for a permit issued under Chapter 25, 28,
2-9 or 32 shall comply with this section not later than the 10th day
2-10 before the date the applicant submits the application for a permit
2-11 if:]
2-12 [(1) the applicant's permit was canceled or suspended
2-13 during the 13-month period preceding the date of the application;
2-14 or]
2-15 [(2) the premises described in the application was, in
2-16 the five-year period preceding the date of the application, the
2-17 premises of another holder of an alcoholic beverage permit or
2-18 license that had been suspended or canceled.]
2-19 SECTION 2. Section 61.381, Alcoholic Beverage Code, is
2-20 amended to read as follows:
2-21 Sec. 61.381. NOTICE BY SIGN. (a) An applicant for a [wine
2-22 and beer retailer's permit or a retail dealer's on-premise] license
2-23 issued under this code for a location not previously licensed for
2-24 the on-premises consumption of alcoholic beverages shall, not later
2-25 than the 60th day before the date the application is filed [on the
2-26 dates notice is required to be published under Section 61.38 of
2-27 this code], prominently post an outdoor sign at the location
3-1 stating that alcoholic beverages are intended to be served on the
3-2 premises, the type of license, and the name and business address of
3-3 the applicant.
3-4 (b) The sign must be at least 24 by 36 inches in size and
3-5 must [shall] be written in lettering at least two inches in size [a
3-6 manner and of a size the administrator considers adequate to inform
3-7 the general public of the intended use of the property]. The
3-8 administrator may require the sign to be both in English and a
3-9 language other than English if it is likely that a substantial
3-10 number of the residents in the area speak a language other than
3-11 English as their familiar language. The commission shall provide
3-12 such sign and may charge a fee therefor.
3-13 [(c) An application may not be denied for failing to post
3-14 the notice required by this section if the commission or
3-15 administrator determines that the general public in the area in
3-16 which the premises to be licensed is located is adequately aware of
3-17 the nature of the application.]
3-18 [(d) An applicant for a license issued under Chapter 69 or
3-19 74 shall comply with this section not later than the 10th day
3-20 before the date the applicant submits the application for a license
3-21 if:]
3-22 [(1) the applicant's license was canceled or suspended
3-23 during the 13-month period preceding the date of the application;
3-24 or]
3-25 [(2) the premises described in the application was, in
3-26 the five-year period preceding the date of the application, the
3-27 premises of another holder of an alcoholic beverage permit or
4-1 license that had been suspended or canceled.]
4-2 SECTION 3. Chapter 243, Local Government Code, is amended by
4-3 adding Section 243.0075 to read as follows:
4-4 Sec. 243.0075. NOTICE BY SIGN. (a) An applicant for a
4-5 license or permit issued under Section 243.007 for a location not
4-6 previously licensed or permitted shall, not later than the 60th day
4-7 before the date the application is filed, prominently post an
4-8 outdoor sign at the location stating that a sexually oriented
4-9 business is intended to be located on the premises and providing
4-10 the name and business address of the applicant.
4-11 (b) A person who intends to operate a sexually oriented
4-12 business in the jurisdiction of a municipality or county that does
4-13 not require the owner or operator of a sexually oriented business
4-14 to obtain a license or permit shall, not later than the 60th day
4-15 before the date the person intends to begin operation of the
4-16 business, prominently post an outdoor sign at the location stating
4-17 that a sexually oriented business is intended to be located on the
4-18 premises and providing the name and business address of the owner
4-19 and operator.
4-20 (c) The sign must be at least 24 by 36 inches in size and
4-21 must be written in lettering at least two inches in size. The
4-22 municipality or county in which the sexually oriented business is
4-23 to be located may require the sign to be both in English and a
4-24 language other than English if it is likely that a substantial
4-25 number of the residents in the area speak a language other than
4-26 English as their familiar language.
4-27 SECTION 4. Section 244.001, Local Government Code, is
5-1 amended to read as follows:
5-2 Sec. 244.001. DEFINITIONS. In this chapter,
5-3 "correctional[:]
5-4 [(1) "Correctional] or rehabilitation facility" means
5-5 a probation or parole office or a residential facility that:
5-6 (1) [(A)] is operated by an agency of the state, a
5-7 political subdivision of the state, or a private vendor operating
5-8 under a contract with an agency of the state or a political
5-9 subdivision of the state; and
5-10 (2) [(B)] houses persons convicted of misdemeanors or
5-11 felonies or children found to have engaged in delinquent conduct,
5-12 regardless of whether the persons are housed in the residential
5-13 facility:
5-14 (A) [(i)] while serving a sentence of
5-15 confinement following conviction of an offense;
5-16 (B) [(ii)] as a condition of probation, parole,
5-17 or mandatory supervision; or
5-18 (C) [(iii)] under a court order for out-of-home
5-19 placement under Title 3, Family Code, other than in a foster home
5-20 operated under a contract with the juvenile board of the county in
5-21 which the foster home is located or under a contract with the Texas
5-22 Youth Commission.
5-23 [(2) "Residential area" means:]
5-24 [(A) an area designated as a residential zoning
5-25 district by a governing ordinance or code or an area in which the
5-26 principal permitted land use is for private residences;]
5-27 [(B) a subdivision for which a plat is recorded
6-1 in the real property records of the county and that contains or is
6-2 bounded by public streets or parts of public streets that are
6-3 abutted by residential property occupying at least 75 percent of
6-4 the front footage along the block face; or]
6-5 [(C) a subdivision for which a plat is recorded
6-6 in the real property records of the county and a majority of the
6-7 lots of which are subject to deed restrictions limiting the lots to
6-8 residential use.]
6-9 SECTION 5. Section 244.002(a), Local Government Code, is
6-10 amended to read as follows:
6-11 (a) An agency of the state, a political subdivision of the
6-12 state, or a private vendor operating under a contract with an
6-13 agency or political subdivision of the state that proposes to
6-14 construct or operate a correctional or rehabilitation facility
6-15 [within 1,000 feet of a residential area, a primary or secondary
6-16 school, property designated as a public park or public recreation
6-17 area by the state or a political subdivision of the state, or a
6-18 church, synagogue, or other place of worship] shall:
6-19 (1) [,] if a request is made under Section 244.005,
6-20 notify:
6-21 (A) [(1)] the commissioners court of any county
6-22 with an unincorporated area that includes all or part of the land
6-23 within 1,000 feet of the proposed correctional or rehabilitation
6-24 facility; and
6-25 (B) [(2)] the governing body of any municipality
6-26 that includes within its boundaries all or part of the land within
6-27 1,000 feet of the proposed correctional or rehabilitation facility;
7-1 and
7-2 (2) post the notice required by Section 244.003.
7-3 SECTION 6. Section 244.003, Local Government Code, is
7-4 amended to read as follows:
7-5 Sec. 244.003. NOTICE BY SIGN [PROXIMITY OF CORRECTIONAL OR
7-6 REHABILITATION FACILITY]. (a) An entity described by Section
7-7 244.002(a) shall prominently post an outdoor sign at the proposed
7-8 location of the correctional or rehabilitation facility stating
7-9 that a correctional or rehabilitation facility is intended to be
7-10 located on the premises and providing the name and business address
7-11 of the entity [Unless local consent is denied under Section
7-12 244.004, an agency of the state, a political subdivision of the
7-13 state, or a private vendor operating under a contract with an
7-14 agency or political subdivision of the state may operate a
7-15 correctional or rehabilitation facility within 1,000 feet of a
7-16 residential area, a primary or secondary school, property
7-17 designated as a public park or public recreation area by the state
7-18 or a political subdivision of the state, or a church, synagogue, or
7-19 other place of worship].
7-20 (b) The sign must be at least 24 by 36 inches in size and
7-21 must be written in lettering at least two inches in size. The
7-22 municipality or county in which the correctional or rehabilitation
7-23 facility is to be located may require the sign to be both in
7-24 English and a language other than English if it is likely that a
7-25 substantial number of the residents in the area speak a language
7-26 other than English as their familiar language [The governing body
7-27 of a church, synagogue, or other place of worship may waive the
8-1 distance requirements of Section 244.002 between a correctional or
8-2 rehabilitation facility and the place of worship by filing an
8-3 acknowledged written statement of the waiver in the deed records of
8-4 the county in which the facility is located].
8-5 SECTION 7. Section 244.005, Local Government Code, is
8-6 amended to read as follows:
8-7 Sec. 244.005. WRITTEN REQUEST TO RECEIVE NOTICE. (a) The
8-8 commissioners court of a county described under Section
8-9 244.002(a)(1)(A) and the governing body of a municipality described
8-10 under Section 244.002(a)(1)(B) [(2)] are entitled to notice under
8-11 Section 244.002(a) only if the commissioners court or the governing
8-12 body, as appropriate, submits by resolution to the agency or
8-13 political subdivision of the state that proposes to construct or
8-14 operate a correctional or rehabilitation facility, or that
8-15 contracts for the construction or operation of a correctional or
8-16 rehabilitation facility, a written request to receive notice.
8-17 (b) The commissioners court of a county described under
8-18 Section 244.002(a)(1)(A) and the governing body of a municipality
8-19 described under Section 244.002(a)(1)(B) [(2)] are entitled to
8-20 receive notice under Section 244.002(a) from a private vendor that
8-21 contracts with an agency or political subdivision of the state only
8-22 if the commissioners court or governing body, as appropriate,
8-23 submits by resolution to the contracting agency or political
8-24 subdivision of the state a written request to receive notice.
8-25 SECTION 8. Section 244.006, Local Government Code, is
8-26 amended to read as follows:
8-27 Sec. 244.006. EXEMPTIONS. This chapter does not apply to
9-1 the operation of a correctional or rehabilitation facility at a
9-2 location subject to this chapter if:
9-3 (1) [on September 1, 1997, the correctional or
9-4 rehabilitation facility was in operation, under construction, under
9-5 contract for operation or construction, or planned for construction
9-6 at the location on land owned or leased by an agency or political
9-7 subdivision of the state and designated for use as a correctional
9-8 or rehabilitation facility;]
9-9 [(2) the correctional or rehabilitation facility was
9-10 in operation or under construction before the establishment of a
9-11 residential area the location of which makes the facility subject
9-12 to this chapter;]
9-13 [(3)] the correctional or rehabilitation facility is a
9-14 temporary correctional or rehabilitation facility that will be
9-15 operated at the location for less than one year;
9-16 (2) [(4) the correctional or rehabilitation facility
9-17 is required to obtain a special use permit or a conditional use
9-18 permit from the municipality in which the facility is located
9-19 before beginning operation;]
9-20 [(5) the correctional or rehabilitation facility is an
9-21 expansion of a facility operated by the institutional division of
9-22 the Texas Department of Criminal Justice or by the Texas Youth
9-23 Commission;]
9-24 [(6) the correctional or rehabilitation facility is a
9-25 county jail or a pre-adjudication or post-adjudication juvenile
9-26 detention facility operated by a county or county juvenile board;]
9-27 [(7)] the facility is:
10-1 (A) a juvenile probation office located at, and
10-2 operated in conjunction with, a juvenile justice alternative
10-3 education center; and
10-4 (B) used exclusively by students attending the
10-5 juvenile justice alternative education center;
10-6 (3) [(8)] the facility is a public or private
10-7 institution of higher education or vocational training to which
10-8 admission is open to the general public;
10-9 (4) [(9)] the facility is operated primarily as a
10-10 treatment facility for juveniles under contract with the Texas
10-11 Department of Mental Health and Mental Retardation or a local
10-12 mental health or mental retardation authority;
10-13 (5) [(10)] the facility is operated as a juvenile
10-14 justice alternative education program;
10-15 (6) [(11)] the facility:
10-16 (A) is not operated primarily as a correctional
10-17 or rehabilitation facility; and
10-18 (B) only houses persons or children described by
10-19 Section 244.001(2)[(1)(B)] for a purpose related to treatment or
10-20 education; or
10-21 (7) [(12)] the facility is a probation or parole
10-22 office located in a commercial use area.
10-23 SECTION 9. Sections 244.002(c) and 244.004, Local Government
10-24 Code, are repealed.
10-25 SECTION 10. (a) The changes in law made by this Act apply
10-26 only to:
10-27 (1) an applicant for a license or permit issued under
11-1 the Alcoholic Beverage Code and an applicant for a license or
11-2 permit for a sexually oriented business issued under Section
11-3 243.007, Local Government Code, who files an application on or
11-4 after the effective date of this Act;
11-5 (2) a person who intends to begin, on or after the
11-6 effective date of this Act, the operation of a sexually oriented
11-7 business in the jurisdiction of a municipality or county that does
11-8 not require the owner or operator of a sexually oriented business
11-9 to obtain a license or permit; and
11-10 (3) a person who proposes to construct or operate a
11-11 correctional or rehabilitation facility on or after the effective
11-12 date of this Act.
11-13 (b) An applicant for a license or permit issued under the
11-14 Alcoholic Beverage Code and an applicant for a license or permit
11-15 for a sexually oriented business issued under Section 243.007,
11-16 Local Government Code, who files an application before the
11-17 effective date of this Act is governed by the law in effect when
11-18 the application was filed, and the former law is continued in
11-19 effect for that purpose.
11-20 (c) A person who begins, before the effective date of this
11-21 Act, the operation of a sexually oriented business in the
11-22 jurisdiction of a municipality or county that does not require the
11-23 owner or operator of a sexually oriented business to obtain a
11-24 license or permit is governed by the law in effect when the
11-25 business began operation, and the former law is continued in effect
11-26 for that purpose.
11-27 (d) A person who begins construction or operation of a
12-1 correctional or rehabilitation facility before the effective date
12-2 of this Act is governed by the law in effect when the construction
12-3 or operation began, and the former law is continued in effect for
12-4 that purpose.
12-5 SECTION 11. This Act takes effect September 1, 1999.
12-6 SECTION 12. The importance of this legislation and the
12-7 crowded condition of the calendars in both houses create an
12-8 emergency and an imperative public necessity that the
12-9 constitutional rule requiring bills to be read on three several
12-10 days in each house be suspended, and this rule is hereby suspended.