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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 certain institutions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 109.33, Alcoholic |
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Beverage Code, is amended to read as follows: |
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Sec. 109.33. SALES NEAR SCHOOL, CHURCH, [OR] HOSPITAL, |
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HOMELESS SHELTER, OR TRANSITIONAL HOUSING CENTER. |
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SECTION 2. 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, homeless shelter, or transitiional housing |
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center; |
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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, homeless shelter, or transitiional housing center |
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shall be along the property lines of the street fronts and from |
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front door to front door, and in direct line across intersections. |
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The measurement of the distance between the place of business where |
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alcoholic beverages are sold and the public or private school 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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public or private school to the property line of the place of |
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business, and in a direct line across 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 public or private school to the |
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property line of the place of business, in a direct line across |
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intersections, and vertically up the building at the property line |
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to the base of the floor on which the permit or license holder is |
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located. |
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SECTION 3. This Act takes effect September 1, 2007. |