HBA-JEK C.S.H.B. 688 77(R)
BILL ANALYSIS

Office of House Bill AnalysisC.S.H.B. 688
By: Woolley
Licensing & Administrative Procedures
3/30/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law prohibits a person from consuming an alcoholic beverage or
possessing an open alcoholic beverage container within 1,000 feet of a
public or private school, and authorizes a commissioners court to prohibit
the sale of alcoholic beverage near a church, public school, or public
hospital.  Current law does not, however, specifically address the
possession or consumption of alcohol near a parochial school or the sale of
alcohol near a private school.  C.S.H.B. 688 extends limitations on the
possession, consumption, and sale of alcohol to include areas near private
and parochial schools.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 688 amends the Alcoholic Beverage Code to include a parochial
school among the schools near which a person commits a Class C misdemeanor
for possessing an open container or consuming an alcoholic beverage on a
public street, alley, or sidewalk within 1,000 feet of the property line.
The bill also extends this prohibition to any public, private, or parochial
school that provides all or any part of a prekindergarten program.   

The bill extends the authority of the commissioners court to prohibit the
sale of alcoholic beverages by a dealer within 300 feet of a private school
in areas of the county outside of an incorporated city or town, but
specifies that this provision does not apply to a business with a food and
beverage certificate or a premise minors are prohibited from entering.  The
bill authorizes the commissioners court to prohibit the sale of alcoholic
beverages within 1,000 feet of a private school if the commissioners court
or the governing body of an incorporated city or town receives a request
from the governing body of the private school. This provision does not
apply to a premise minors are prohibited from entering or to a business
that is operating with a temporary and special wine and beer retailer
permit, caterer's permit, or temporary license on the premise of a private
school. 

C.S.H.B. 688 sets forth standards with which to measure the distance
between a business where alcoholic beverages are sold and a public or
private school if the place of business where alcoholic beverages is sold
is located on or above the fifth story of a multistory building. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 688 differs from the original by removing the provision that a
person commits a Class C misdemeanor for possessing an open container or
consuming an alcoholic beverage on a public street, alley,  or sidewalk
within 1,000 feet of the property line of a child-care program associated
with a public, private, or parochial school.   The substitute authorizes
the commissioners court to expand the 300 foot prohibition on the sale of
alcohol near a private school to a 1,000 feet prohibition if the
commissioners court or the governing body of an incorporated city or town
receives a request from the governing body of the private school.   

C.S.H.B. 688 sets forth standards with which to measure the distance
between certain businesses where alcoholic beverages are sold and a public
or private school if the place of business where alcoholic beverages is
sold is located on or above the fifth story of a multistory building.  The
substitute also provides exceptions for the prohibition on the sale of
alcohol near a private school.  The original bill provided for an effective
date of September 1, 2001.