By: Geren (Senate Sponsor - Harris) H.B. No. 1161
         (In the Senate - Received from the House April 6, 2009;
  April 27, 2009, read first time and referred to Committee on
  Business and Commerce; May 14, 2009, reported adversely, with
  favorable Committee Substitute by the following vote: Yeas 8,
  Nays 0; May 14, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1161 By:  Harris
 
 
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.  Section 109.33, Alcoholic Beverage Code is
  amended by adding Subsection (j) to read as follows: 
         (j)  A regulation adopted under Sec. (a)(3) of this section
  is not effective until it is adopted by the commissioners court or
  the governing board of a city or town after a public hearing at
  which the parties in interest and citizens have an opportunity to be
  heard, and the commissioners court or governing board has
  determined that the regulation is in the public interest  based on
  the circumstances related to the school or schools. The
  determination of the commissioners court or governing board is not
  subject to appeal.  This subsection does not apply to a city or town
  with a population of more than 900,000.
         SECTION 3.  Subchapter C, Chapter 109, Alcoholic Beverage
  Code, is amended by adding Section 109.332 to read as follows:
         Sec. 109.332.  MEASUREMENT OF DISTANCE.
         (a)  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.
         (b)  If the permit or license holder also holds a food and
  beverage certificate in a city or town with a population of less
  than 900,000, the distance shall be measured as provided for in Sec.
  109.33.
         SECTION 4.  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 5.  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 6.  Section 109.59(c) and (d), 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.
         (d)  Subsection (a) does not apply to the satisfaction of the
  distance requirement prescribed by Section 109.33(a)(2) for a
  public school if the holder's license or permit has been suspended
  for:
               (1)  sale or service to an intoxicated person;
               (2)  any minor related violation as described in
  Sections 106.09, 106.13 or 106.15;
               (3)  selling or serving alcoholic beverages, or
  permitting possession or consumption of alcoholic beverages on the
  licensed premises during prohibited hours:
               (4)  a violation related to an aggravated breach of the
  peace;
               (5)  a violation related to unlawful possession or sale
  of narcotics;
               (6)  a violation related to prostitution or any other
  sexual offense;
               (7)  any violation resulting in a suspension of more
  than 30 days.
         SECTION 7.  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 8.  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.
 
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