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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 |
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establishments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 109.59(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) On the sale or transfer of the premises or the business |
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on the premises in which a new original license or permit is |
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required for the premises, the premises shall be deemed to satisfy |
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any distance requirements as if the issuance of the new original |
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permit or license were a renewal of a previously held permit or |
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license if the new permit or license is of the same type as the |
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previously held permit or license. |
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SECTION 2. 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 3. Section 109.59(c), Alcoholic Beverage Code, is |
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repealed. |
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SECTION 4. 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, 2009. |