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A BILL TO BE ENTITLED
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AN ACT
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relating to local regulation of distance requirements for |
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businesses selling alcoholic beverages near a public school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.007(b), Education Code, is amended to |
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read as follows: |
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(b) The board of trustees of a school district shall attempt |
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to provide a safe alcohol-free environment to students coming to or |
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going from school. The board of trustees may cooperate with local |
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law enforcement officials and the Texas Alcoholic Beverage |
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Commission in attempting to provide this environment and in |
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enforcing Sections 101.75, 109.33, and 109.59, Alcoholic Beverage |
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Code. Additionally, the board [, if a majority of the area of a
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district is located in a municipality with a population of 900,000
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or more,] may petition the commissioners court of the county in |
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which the district is located or the governing board of an |
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incorporated city or town in which the district is located to adopt |
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a 1,000-foot zone under Section 109.33, Alcoholic Beverage Code. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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COMMITTEE AMENDMENT NO. 1 |
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Amend H.B. No. 1469 as follows: |
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(1) On page 1, line 5, strike "Section 38.007(b)" and |
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substitute "Section 38.007". |
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(2) On page 1, line 5, between "is amended" and "to", insert |
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"by amending Subsection (b) and adding Subsection (c)". |
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(3) On page 1, between lines 18 and 19, insert the |
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following: |
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(c) The adoption of a zone under Subsection (b) does not |
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prohibit the sale of alcoholic beverages at a location covered by a |
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license or permit on the effective date of the zone's adoption, |
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including the sale of alcoholic beverages at that location by a |
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license or permit holder who is not the person who held the license |
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or permit covering the location on the effective date of the zone's |
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adoption. |
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80R16684 AJA-DJones |