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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 the |
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sale and consumption of 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 109.33(f), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(f) Subsections (a)(2) and (3) do not apply to the holder |
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of: |
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(1) a retail on-premises consumption permit or license |
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if less than 50 percent of the gross receipts for the premises is |
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from the sale or service of alcoholic beverages; |
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(2) a retail off-premises consumption permit or |
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license if less than 50 percent of the gross receipts for the |
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premises[, excluding the sale of items subject to the motor fuels
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tax,] is from the sale or service of alcoholic beverages: |
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(A) excluding the sale of items subject to the |
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motor fuels tax; and |
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(B) for a premises located in a city with a |
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population of less than 900,000, including receipts from additional |
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retail buildings owned by the off-premises consumption permit or |
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license holder that are located on the same property as the |
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permitted or licensed premises; or |
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(3) a wholesaler's, distributor's, brewer's, |
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distiller's and rectifier's, winery, wine bottler's or |
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manufacturer's permit or license, or any other license or permit |
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held by a wholesaler or manufacturer as those words are ordinarily |
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used and understood in Chapter 102. |
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SECTION 2. Section 109.33, Alcoholic Beverage Code is |
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amended by adding Subsection (j) to read as follows: |
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(j) A regulation adopted under Sec. (a)(3) of this section |
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is not effective until it is adopted by the commissioners court or |
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the governing board of a city or town after a public hearing at |
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which the parties in interest and citizens have an opportunity to be |
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heard, and the commissioners court or governing board has |
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determined that the regulation is in the public interest based on |
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the circumstances related to the school or schools. The |
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determination of the commissioners court or governing board is not |
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subject to appeal. This subsection does not apply to a city or town |
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with a population of more than 900,000. |
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SECTION 3. Subchapter C, Chapter 109, Alcoholic Beverage |
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Code, is amended by adding Section 109.332 to read as follows: |
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Sec. 109.332. MEASUREMENT OF DISTANCE. |
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(a) Notwithstanding any other provision of this code, in a |
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city or town with a population of less than 900,000, for the |
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purposes of any distance requirement imposed by this code, distance |
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shall be measured: |
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(1) from the property line of the place of business |
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where alcoholic beverages are sold to the nearest property line of |
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the property in relation to which a distance requirement is imposed |
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along the property lines of the street fronts and in a direct line |
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across intersections; or |
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(2) if the permit or license holder is located on or |
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above the fifth story of a multistory building, from the property |
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line of the property in relation to which a distance requirement is |
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imposed to the nearest property line of the place of business where |
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alcoholic beverages are sold along the property lines of the street |
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fronts, in a direct line across intersections, and vertically up |
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the building at the property line to the base of the floor on which |
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the permit or license holder is located. |
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(b) If the permit or license holder also holds a food and |
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beverage certificate in a city or town with a population of less |
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than 900,000, the distance shall be measured as provided for in Sec. |
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109.33. |
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SECTION 4. Subchapter C, Chapter 109, Alcoholic Beverage |
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Code, is amended by adding Section 109.37 to read as follows: |
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Sec. 109.37. CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR PLASMA |
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CENTER. (a) In this section: |
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(1) "Central business district" has the meaning |
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assigned by Section 109.36. |
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(2) "Plasma center" means a publicly or privately |
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operated facility at which individuals may donate blood plasma. |
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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 plasma center that is not located in a central business 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 5. 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. In a city or town with a population of less than 900,000, |
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the new permit or license must be of the same type as the previously |
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held permit or license. |
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SECTION 6. Section 109.59(c) and (d), Alcoholic Beverage |
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Code, is amended to read as follows: |
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(c) Subsection (b) does not apply to the satisfaction of the |
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distance requirement prescribed by Section 109.33(a)(2) for a |
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public school, except that on the death of a permit or license |
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holder or a person having an interest in a permit or license |
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Subsection (b) does apply to the holder's surviving spouse or child |
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of the holder or person if the spouse or child qualifies as a |
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successor in interest to the permit or license. This subsection |
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does not apply to a city or town with a population of less than |
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900,000. |
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(d) Subsection (a) does not apply to the satisfaction of the |
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distance requirement prescribed by Section 109.33(a)(2) for a |
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public school if the holder's license or permit has been suspended |
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for: |
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(1) sale or service to an intoxicated person; |
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(2) any minor related violation as described in |
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Sections 106.09, 106.13 or 106.15; |
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(3) selling or serving alcoholic beverages, or |
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permitting possession or consumption of alcoholic beverages on the |
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licensed premises during prohibited hours: |
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(4) a violation related to an aggravated breach of the |
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peace; |
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(5) a violation related to unlawful possession or sale |
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of narcotics; |
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(6) a violation related to prostitution or any other |
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sexual offense; |
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(7) any violation resulting in a suspension of more |
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than 30 days. |
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SECTION 7. 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 8. 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. |
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