By: Geren H.B. No. 1161
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to local regulation of distance requirements for the sale
  and consumption of alcoholic beverages near certain
  establishments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 109.33(f), Alcoholic Beverage Code, is
  amended to read as follows:
         (f)  Subsections (a)(2) and (3) do not apply to the holder
  of:
               (1)  a retail on-premises consumption permit or license
  if less than 50 percent of the gross receipts for the premises is
  from the sale or service of alcoholic beverages;
               (2)  a retail off-premises consumption permit or
  license if less than 50 percent of the gross receipts for the
  premises[, excluding the sale of items subject to the motor fuels
  tax,] is from the sale or service of alcoholic beverages:
                     (A)  excluding the sale of items subject to the
  motor fuels tax; and
                     (B)  for a premises located in a city with a
  population of less than 900,000, including receipts from additional
  retail buildings owned by the off-premises consumption permit or
  license holder that are located on the same property as the
  permitted or licensed premises; or
               (3)  a wholesaler's, distributor's, brewer's,
  distiller's and rectifier's, winery, wine bottler's or
  manufacturer's permit or license, or any other license or permit
  held by a wholesaler or manufacturer as those words are ordinarily
  used and understood in Chapter 102.
         SECTION 2.  Subchapter C, Chapter 109, Alcoholic Beverage
  Code, is amended by adding Section 109.332 to read as follows:
         Sec. 109.332.  MEASUREMENT OF DISTANCE. Notwithstanding any
  other provision of this code, in a city or town with a population of
  less than 900,000, for the purposes of any distance requirement
  imposed by this code, distance shall be measured:
               (1)  from the property line of the place of business
  where alcoholic beverages are sold to the nearest property line of
  the property in relation to which a distance requirement is imposed
  along the property lines of the street fronts and in a direct line
  across intersections; or
               (2)  if the permit or license holder is located on or
  above the fifth story of a multistory building, from the property
  line of the property in relation to which a distance requirement is
  imposed to the nearest property line of the place of business where
  alcoholic beverages are sold along the property lines of the street
  fronts, in a direct line across intersections, and vertically up
  the building at the property line to the base of the floor on which
  the permit or license holder is located.
         SECTION 3.  Subchapter C, Chapter 109, Alcoholic Beverage
  Code, is amended by adding Section 109.37 to read as follows:
         Sec. 109.37.  CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR PLASMA
  CENTER.  (a)  In this section:
               (1)  "Central business district" has the meaning
  assigned by Section 109.36.
               (2)  "Plasma center" means a publicly or privately
  operated facility at which individuals may donate blood plasma.
               (3)  "Open container" has the meaning assigned by
  Section 109.35.
         (b)  The commissioners court of a county may enact
  regulations applicable in areas in the county outside an
  incorporated city or town, and the governing board of an
  incorporated city or town may 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 plasma center that is not located in a central business district.
         (c)  If the commissioners court of a county or the governing
  board of an incorporated city or town enacts a prohibition under
  Subsection (b), the commissioners court or the governing board may
  enact regulations allowing special temporary events for which
  Subsection (b) may be suspended.
         SECTION 4.  Section 109.59(b), Alcoholic Beverage Code, is
  amended to read as follows:
         (b)  On the sale or transfer of the premises or the business
  on the premises in which a new original license or permit is
  required for the premises, the premises shall be deemed to satisfy
  any distance requirements as if the issuance of the new original
  permit or license were a renewal of a previously held permit or
  license. In a city or town with a population of less than 900,000,
  the new permit or license must be of the same type as the previously
  held permit or license.
         SECTION 5.  Section 109.59(c), Alcoholic Beverage Code, is
  amended to read as follows:
         (c)  Subsection (b) does not apply to the satisfaction of the
  distance requirement prescribed by Section 109.33(a)(2) for a
  public school, except that on the death of a permit or license
  holder or a person having an interest in a permit or license
  Subsection (b) does apply to the holder's surviving spouse or child
  of the holder or person if the spouse or child qualifies as a
  successor in interest to the permit or license. This subsection
  does not apply to a city or town with a population of less than
  900,000.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.