1-1     By:  Junell, et al. (Senate Sponsor - Harris)         H.B. No. 1514
 1-2           (In the Senate - Received from the House April 19, 2001;
 1-3     April 20, 2001, read first time and referred to Committee on
 1-4     Business and Commerce; May 11, 2001, reported favorably by the
 1-5     following vote:  Yeas 6, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the operation of certain commercial enterprises.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1. Subchapter D, Chapter 35, Business & Commerce
1-11     Code, is amended by adding Section 35.56 to read as follows:
1-12           Sec. 35.56.  PERMITTED OPERATION OF ESTABLISHED COMMERCIAL
1-13     ENTERPRISE. (a)  This section applies to an area that is located:
1-14                 (1)  within a one-half mile radius of a commercial
1-15     enterprise if the enterprise is located in a municipality with a
1-16     population of more than 100,000; or
1-17                 (2)  within a one-mile radius of a commercial
1-18     enterprise if the enterprise is located in:
1-19                       (A)  a municipality with a population of 100,000
1-20     or less; or
1-21                       (B)  the unincorporated area of a county.
1-22           (b)  If the mode of operation of a commercial enterprise
1-23     remains substantially unchanged, the enterprise is not required to
1-24     change its current mode of operation or change the use of its
1-25     current mode of operation for any publicly known planned expansion
1-26     if the area within the distance requirements prescribed by
1-27     Subsection (a) was not primarily used for residential purposes at
1-28     the time the enterprise was originally established.
1-29           (c)  This section does not restrict, prevent, or preempt the
1-30     enforcement of any applicable city, county, state, or federal law
1-31     by a governmental entity of this state or of the United States.
1-32           SECTION 2. The change in law made by this Act applies to a
1-33     commercial enterprise regardless of the date on which the
1-34     commercial enterprise was established.
1-35           SECTION 3.  This Act takes effect immediately if it receives
1-36     a vote of two-thirds of all the members elected to each house, as
1-37     provided by Section 39, Article III, Texas Constitution.  If this
1-38     Act does not receive the vote necessary for immediate effect, this
1-39     Act takes effect September 1, 2001.
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