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.