By Junell, et al. H.B. No. 1514 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the operation of certain commercial enterprises. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter D, Chapter 35, Business & Commerce 1-5 Code, is amended by adding Section 35.56 to read as follows: 1-6 Sec. 35.56. PERMITTED OPERATION OF ESTABLISHED COMMERCIAL 1-7 ENTERPRISE. (a) This section applies to an area that is located: 1-8 (1) within a one-half mile radius of a commercial 1-9 enterprise if the enterprise is located in a municipality with a 1-10 population of more than 100,000; or 1-11 (2) within a one-mile radius of a commercial 1-12 enterprise if the enterprise is located in: 1-13 (A) a municipality with a population of 100,000 1-14 or less; or 1-15 (B) the unincorporated area of a county. 1-16 (b) If the mode of operation of a commercial enterprise 1-17 remains substantially unchanged, the enterprise is not required to 1-18 change its current mode of operation or change the use of its 1-19 current mode of operation for any publicly known planned expansion 1-20 if the area within the distance requirements prescribed by 1-21 Subsection (a) was not primarily used for residential purposes at 1-22 the time the enterprise was originally established. 1-23 (c) This section does not restrict, prevent, or preempt the 1-24 enforcement of any applicable city, county, state, or federal law 2-1 by a governmental entity of this state or of the United States. 2-2 SECTION 2. The change in law made by this Act applies to a 2-3 commercial enterprise regardless of the date on which the 2-4 commercial enterprise was established. 2-5 SECTION 3. This Act takes effect immediately if it receives 2-6 a vote of two-thirds of all the members elected to each house, as 2-7 provided by Section 39, Article III, Texas Constitution. If this 2-8 Act does not receive the vote necessary for immediate effect, this 2-9 Act takes effect September 1, 2001.