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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. 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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Section 109.332. MEASUREMENT OF DISTANCE. For purposes of |
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any distance requirement imposed by this code, distance shall be |
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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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SECTION 2. 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 3. Sections 109.33(b) and (d), Alcoholic Beverage |
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Code, are 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. |