81R4202 AJA-F
 
  By: Geren H.B. No. 1161
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to local regulation of distance requirements for
  businesses selling alcoholic beverages near certain
  establishments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 if the new permit or license is of the same type as the
  previously held permit or license.
         SECTION 2.  Section 38.007(b), Education Code, is amended to
  read as follows:
         (b)  The board of trustees of a school district shall attempt
  to provide a safe alcohol-free environment to students coming to or
  going from school. The board of trustees may cooperate with local
  law enforcement officials and the Texas Alcoholic Beverage
  Commission in attempting to provide this environment and in
  enforcing Sections 101.75, 109.33, and 109.59, Alcoholic Beverage
  Code. Additionally, the board [, if a majority of the area of a
  district is located in a municipality with a population of 900,000
  or more,] may petition the commissioners court of the county in
  which the district is located or the governing board of an
  incorporated city or town in which the district is located to adopt
  a 1,000-foot zone under Section 109.33, Alcoholic Beverage Code.
         SECTION 3.  Section 109.59(c), Alcoholic Beverage Code, is
  repealed.
         SECTION 4.  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.