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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of alcoholic beverages near churches, schools, |
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hospitals, parks, multiservice centers, or assisted living |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 109.33(a) and (b), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(a) The commissioners court of a county may enact |
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regulations applicable in areas in the county outside an |
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incorporated city or town, and the governing board of an |
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incorporated city or town may enact regulations applicable in the |
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city or town, prohibiting the sale of alcoholic beverages by a |
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dealer whose place of business is within: |
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(1) 300 feet of a church, public or private school, |
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[or] public hospital, municipal park, municipal multiservice |
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center, or assisted living facility; |
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(2) 1,000 feet of a public school, if the |
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commissioners court or the governing body receives a request from |
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the board of trustees of a school district under Section 38.007, |
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Education Code; or |
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(3) 1,000 feet of a private school if the |
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commissioners court or the governing body receives a request from |
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the governing body of the private school. |
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(b) [The measurement of the distance between the place of
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business where alcoholic beverages are sold and the church or
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public hospital shall be along the property lines of the street
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fronts and from front door to front door, and in direct line across
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intersections.] The measurement of the distance between the place |
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of business where alcoholic beverages are sold and the church, |
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public or private school, public hospital, municipal park, |
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municipal multiservice center, or assisted living facility shall |
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be: |
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(1) in a direct line from the property line of the |
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church, public or private school, public hospital, municipal park, |
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municipal multiservice center, or assisted living facility to the |
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property line of the place of business, and in a direct line across |
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intersections; or |
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(2) if the permit or license holder is located on or |
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above the fifth story of a multistory building, in a direct line |
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from the property line of the church, public or private school, |
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public hospital, municipal park, municipal multiservice center, or |
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assisted living facility to the property line of the place of |
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business, in a direct line across intersections, and vertically up |
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the building at the property line to the base of the floor on which |
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the permit or license holder is located. |
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SECTION 2. (a) The change in law made by this Act to Section |
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109.33, Alcoholic Beverage Code, applies only to an application for |
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an original permit or license that is filed on or after the |
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effective date of this Act. |
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(b) An application for an original permit or license that is |
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filed before the effective date of this Act is governed by the law |
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in effect immediately before that date, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |