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By: Ellis |
S.B. No. 1238 |
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(In the Senate - Filed March 6, 2007; March 14, 2007, read |
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first time and referred to Committee on Business and Commerce; |
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April 26, 2007, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 8, Nays 0; April 26, 2007, |
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sent to printer.) |
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COMMITTEE SUBSTITUTE FOR S.B. No. 1238 |
By: Watson |
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A BILL TO BE ENTITLED
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AN ACT
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relating to local regulation of the distance requirements for the |
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sale and consumption of alcoholic beverages near certain homeless |
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shelters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 109, Alcoholic Beverage |
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Code, is amended by adding Section 109.36 to read as follows: |
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Sec. 109.36. CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR |
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HOMELESS SHELTER. (a) In this section: |
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(1) "Central business district" means a compact and |
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contiguous geographical area of a municipality used for commercial |
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purposes that has historically been the primary location in the |
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municipality where business has been transacted. |
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(2) "Homeless shelter" means a supervised publicly or |
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privately operated shelter or other facility that is designed to |
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provide temporary living accommodations to individuals who lack a |
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fixed regular and adequate residence. |
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(3) "Open container" has the meaning assigned by |
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Section 109.35. |
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(b) 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 possession of an open container or the |
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consumption of an alcoholic beverage on a public street, public |
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alley, or public sidewalk within 1,000 feet of the property line of |
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a homeless shelter that is not located in a central business |
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district. |
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(c) If the commissioners court of a county or the governing |
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board of an incorporated city or town enacts a prohibition under |
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Subsection (b), the commissioners court or the governing board may |
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enact regulations allowing special temporary events for which |
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Subsection (b) may be suspended. |
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SECTION 2. This Act takes effect September 1, 2007. |
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