By: Geren H.R. No. 2898

R E S O L U T I O N

BE IT RESOLVED by the House of Representatives of the State of Texas, 81st Legislature, Regular Session, 2009, That House Rule 13, Section 9(a), be suspended as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on House Bill 1161 (local regulation of distance requirements for the sale and consumption of alcoholic beverages near certain establishments) to consider and take action on the following matters:

(1) House Rule 13, Section 9(a) is suspended to permit the committee to add the following:

SECTION 1. Section 109.33, Alcoholic Beverage Code, is amended by amending Subsections (c) and (f) and adding Subsection (j) to read as follows:

(c) Every applicant for an original alcoholic beverage license or permit for a location [with a door by which the public may enter the place of business of the applicant] that is within 1,000 feet of [the nearest property line of] a public or private school [, measured along street lines and directly across intersections,] must give written notice of the application to officials of the public or private school before filing the application with the commission. A copy of the notice must be submitted to the commission with the application. This subsection does not apply to a permit or license covering a premise where minors are prohibited from entering the premises under Section 109.53.

(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 or town 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.

(j) A regulation under Subsection (a)(2) or (a)(3) may be adopted by the commissioners court or the governing board of a city or town only after a public hearing at which the parties in interest and citizens have an opportunity to be heard and only if the commissioners court or governing board has determined that the regulation is in the public interest based on the circumstances related to each school to which the regulation relates. The determination of a commissioners court or governing board of a city or town under this subsection is not subject to appeal. This subsection does not apply to a city or town with a population of more than 900,000.

Explanation: This change is necessary to provide for regulation of the distance requirement for the sale and consumption of alcoholic beverages near certain establishments.

(2) House Rule 13, Section 9(a) is suspended to permit the committee to add the following:

SECTION 2. Subchapter C, Chapter 109, Alcoholic Beverage Code, is amended by adding Sections 109.332 and 109.37 to read as follows:

Sec. 109.332. MEASUREMENT OF DISTANCE. (a) Except as provided by Subsection (b), notwithstanding any other provision of this code, for the purposes of any distance requirement imposed by this code, distance shall be measured along the property lines of the street fronts and from front door to front door, and in a direct line across intersections.

(b) The measurement of distance between the place of business where alcoholic beverages are sold and a public or private school or a day-care center or child-care facility shall be:

(1) from the property line of the place of business where alcoholic beverages are sold to the nearest property line of the public or private school, day-care center, or child-care facility 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 public or private school, day-care center, or child-care facility 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.

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 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.

Explanation: This change is necessary to provide for regulation of the distance requirement for the sale and consumption of alcoholic beverages near certain establishments.

(3) House Rule 13, Section 9(a) is suspended to permit the committee to add the following:

SECTION 3. Sections 109.59(b), (c), and (d), Alcoholic Beverage Code, are 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.

(c) In an incorporated city or town with a population of more than 900,000, 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. The new permit or license must be of the same type as the previously held permit or license.

(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 permit or license has been suspended for a violation occurring after September 1, 1995, of a provision [any of the following provisions]:

(1) involving:

(A) selling or serving an alcoholic beverage to an intoxicated person;

(B) selling or serving an alcoholic beverage or permitting possession or consumption of an alcoholic beverage on the licensed or permitted premises during prohibited hours;

(C) employment of a minor in violation of Section 106.09;

(D) the sale, service, dispensation, or delivery of an alcoholic beverage to a minor, as described by Section 106.13;

(E) permitting a minor to violate Section 106.04 or 106.05, as described by Section 106.13;

(F) the commission of an offense under Section 106.15;

(G) an aggravated breach of the peace;

(H) an unlawful possession or sale of narcotics; or

(I) prostitution or any other sexual offense; or

(2) resulting in a suspension of the permit or license for more than 30 days.

[(1) Section 11.61(b)(1), (6)(11), (13), (14), or (20); or

[(2) Section 61.71(a)(5)(8), (11), (12), (14), (17), (18), (22), or (24)].

Explanation: This change is necessary to provide for regulation of the distance requirement for the sale and consumption of alcoholic beverages near certain establishments.

(4) House Rule 13, Section 9(a) is suspended to permit the committee to add the following:

SECTION 4. 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.

Explanation: This change is necessary to provide for regulation of the distance requirement for the sale and consumption of alcoholic beverages near certain establishments.

(5) House Rule 13, Section 9(a) is suspended to permit the committee to add the following:

SECTION 5. Sections 109.33(b) and (d), Alcoholic Beverage Code, are repealed.

Explanation: This change is necessary to provide for regulation of the distance requirement for the sale and consumption of alcoholic beverages near certain establishments.

(6) House Rule 13, Section 9(a) is suspended to permit the committee to add the following:

SECTION 6. This Act takes effect September 1, 2009.

Explanation: The change is necessary to reflect the addition and amending of SECTIONS 1, 2, 3, 4, and 5 to the conference committee report and to make the effectiveness of those SECTIONS.