BILL ANALYSIS
Senate Research Center C.S.S.B. 1238
By: Ellis
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Current statute prohibits the sale of alcohol within 300 feet of a church, public or private school, or public hospital.
C.S.S.B. 1238 authorizes the commissioners court of a county or the governing board of an incorporated city or town to enact regulations to prohibit the possession of an open container or the consumption of an alcoholic beverage on a public street, public alley, or public sidewalk, within 1,000 feet of the property line of a homeless shelter that is not located in a central business district. This bill also authorizes these governing entities to provide temporary suspensions of the regulations for certain purposes.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter C, Chapter 109, Alcoholic Beverage Code, by adding Section 109.36, as follows:
Sec. 109.36. CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR HOMELESS SHELTER. (a) Defines "central business district," "homeless shelter," and "open container."
(b) Authorizes the commissioners court of a county (commissioners court) to enact regulations applicable in areas in the county outside an incorporated city or town, and authorizes the governing board of an incorporated city or town (board) to enact regulations applicable in the city or town, prohibiting the possession of an open container or the consumption of an alcoholic beverage on a public street, public alley, or public sidewalk, within 1,000 feet of the property line of a homeless shelter that is not located in a central business district.
(c) Authorizes the commissioners court or the board to enact regulations allowing special temporary events for which Subsection (b) may be suspended, if the commissioners court or board enacts a prohibition under Subsection (b).
SECTION 3. Effective date: September 1, 2007.