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79R312 AJA-D

By:  Farrar                                                       H.B. No. 142



A BILL TO BE ENTITLED

AN ACT

relating to the location of certain wine and beer retailers.                  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 109, Alcoholic Beverage 
Code, is amended by adding Section 109.332 to read as follows:
	Sec. 109.332.  CERTAIN BEER AND WINE RETAILERS:  SALES NEAR 
CERTAIN YOUTH-ORIENTED FACILITIES.  (a) This section applies only 
to the holder of a beer and wine retailer's permit for premises 
located in a municipality:
		(1)  with a population of 1.5 million or more; and                     
		(2)  that has not adopted zoning regulations or a 
comprehensive zoning ordinance under Subchapter A, Chapter 211, 
Local Government Code.
	(b)  Except as provided by this subsection, the provisions of 
Section 109.33 relating to the location of a permitted premises 
with respect to a public school also apply to the location of a beer 
and wine retailer's premises with respect to a playground, video 
arcade facility, or public or private youth center, as those terms 
are defined by Section 481.134, Health and Safety Code, or a public 
swimming pool.  Sections 109.33(a)(2) and (c) do not apply to the 
location of a beer and wine retailer's premises with respect to the 
other premises listed in this subsection.
	SECTION 2.  (a) The change in law made by this Act applies 
only to an application for an original or renewal wine and beer 
retailer's permit that is filed or pending on or after the effective 
date of this Act.
	(b)  An application for an original or renewal wine and beer 
retailer's permit that is filed and approved before the effective 
date of this Act is governed by the law in effect immediately before 
that date, and that law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.