77R11410 E                           
         By Junell                                             H.B. No. 1514
         Substitute the following for H.B. No. 1514:
         By Brimer                                         C.S.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 state or federal law by a
 2-1     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.