By Solis of Cameron                                   H.B. No. 3731
         76R3909 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to creating an offense for certain minors to loiter near
 1-3     certain establishments that serve alcoholic beverages.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter D, Chapter 101, Alcoholic Beverage
 1-6     Code, is amended by adding Section 101.76 to read as follows:
 1-7           Sec. 101.76.  LOITERING NEAR CERTAIN ESTABLISHMENTS SERVING
 1-8     ALCOHOLIC BEVERAGES.  (a)  In this section "establishment" means a
 1-9     permit or license holder under Chapter 25, 28, 32, 69, or 74 who
1-10     does not hold a food and beverage certificate.
1-11           (b)  A person commits an offense if the person:
1-12                 (1)  is younger than 18 years of age; and
1-13                 (2)  loiters within 500 feet of an establishment unless
1-14     the person's adult parent, guardian, or spouse is present with the
1-15     person.
1-16           (c)  An offense under this section is a Class C misdemeanor.
1-17           (d)  If conduct constituting an offense under this section
1-18     also constitutes an offense under a section of the Penal Code, the
1-19     actor may be  prosecuted under either section or under both
1-20     sections.
1-21           (e)  An establishment shall prominently post an outdoor sign
1-22     at the establishment stating that a person younger than 18 years of
1-23     age is prohibited by law from loitering within 500 feet of the
1-24     establishment unless the person's adult parent, guardian, or spouse
 2-1     is present with the person.  The sign shall be written in a manner
 2-2     and of a size the administrator considers adequate to inform the
 2-3     general public of the law.  The administrator may require the sign
 2-4     to be in both English and a language other than English if it is
 2-5     likely that a substantial number of the residents in the area speak
 2-6     a language other than English as their familiar language.  The
 2-7     commission shall provide the sign and may charge a fee for the
 2-8     sign.
 2-9           SECTION 2.  This Act takes effect September 1, 1999, and
2-10     applies only to an offense committed on or after the effective date
2-11     of this Act.
2-12           SECTION 3.  The importance of this legislation and the
2-13     crowded condition of the calendars in both houses create an
2-14     emergency and an imperative public necessity that the
2-15     constitutional rule requiring bills to be read on three several
2-16     days in each house be suspended, and this rule is hereby suspended.