By Woolley                                             H.B. No. 688
         77R2840 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the sale, possession, or consumption of alcoholic
 1-3     beverages near a private or parochial school.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 101.75(a), Alcoholic Beverage Code, is
 1-6     amended to read as follows:
 1-7           (a)  A person commits an offense if the person possesses an
 1-8     open container or consumes an alcoholic beverage on a public
 1-9     street, public alley, or public sidewalk within 1,000 feet of the
1-10     property line of a facility that is a public or private school,
1-11     including a parochial school, that provides a child-care program or
1-12     all or any part of prekindergarten [kindergarten] through twelfth
1-13     grade.
1-14           SECTION 2. Section 109.33(a), Alcoholic Beverage Code, is
1-15     amended to read as follows:
1-16           (a)  The commissioners court of a county may enact
1-17     regulations applicable in areas in the county outside an
1-18     incorporated city or town, and the governing board of an
1-19     incorporated city or town may enact regulations applicable in the
1-20     city or town, prohibiting the sale of alcoholic beverages by a
1-21     dealer whose place of business is within:
1-22                 (1)  300 feet of a church, public or private school,
1-23     including a parochial school, or public hospital; or
1-24                 (2)  1,000 feet of a public school, if the
 2-1     commissioners court or the governing body receives a request from
 2-2     the board of trustees of a school district under Section 38.007,
 2-3     Education Code.
 2-4           SECTION 3.  The purpose of Section 1 of this Act in amending
 2-5     Section 101.75(a), Alcoholic Beverage Code, to specifically
 2-6     identify a parochial school in the list of places where a person is
 2-7     prohibited from possessing an open container or consuming an
 2-8     alcoholic beverage is to clarify the intent of the legislature with
 2-9     respect to the effect of Section 101.75(a), Alcoholic Beverage
2-10     Code, as that section existed immediately before the effective date
2-11     of this Act.
2-12           SECTION 4. (a)  This Act takes effect September 1, 2001.
2-13           (b)  The change in law made by Section 101.75(a), Alcoholic
2-14     Beverage Code, as amended by this Act applies only to an offense
2-15     committed on or after the effective date of this Act.  For purposes
2-16     of this section, an offense is committed before the effective date
2-17     of this Act if any element of the offense occurs before the
2-18     effective date.
2-19           (c)  An offense committed before the effective date of this
2-20     Act is covered by the law in effect when the offense was committed,
2-21     and the former law is continued in effect for that purpose.