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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 81st |
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Legislature, Regular Session, 2009, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill No. 1161 (local regulation of distance requirements |
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for the sale and consumption of alcoholic beverages near certain |
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establishments) to consider and take action on the following |
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matter: |
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(1) Senate Rule 12.03(4) is suspended to allow the |
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conference committee, in SECTION 1 of the bill, to add text not |
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included in either the House or Senate version of the bill that |
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amends Subsection (c), Section 109.33, Alcoholic Beverage Code, |
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to read as follows: |
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(c) Every applicant for an original alcoholic beverage |
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license or permit for a location [with a door by which the public
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may enter the place of business of the applicant] that is within |
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1,000 feet of [the nearest property line of] a public or private |
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school [, measured along street lines and directly across
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intersections,] must give written notice of the application to |
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officials of the public or private school before filing the |
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application with the commission. A copy of the notice must be |
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submitted to the commission with the application. This |
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subsection does not apply to a permit or license covering a |
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premise where minors are prohibited from entering the premises |
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under Section 109.53. |
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Explanation: The addition of the text is necessary to |
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strike from existing law language prescribing the method for |
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measuring the distance between an alcoholic beverage |
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establishment and a school to allow the general rules for |
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measuring distance established by the bill to control. |
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(2) Senate Rule 12.03(1) is suspended to allow the |
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conference committee, in SECTION 1 of the bill, to change text |
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not in disagreement in Subsection (f), Section 109.33, Alcoholic |
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Beverage Code, amended by the proposed bill, so that the amended |
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section reads 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 |
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license if less than 50 percent of the gross receipts for the |
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premises is 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) including receipts from additional retail |
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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 |
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ordinarily used and understood in Chapter 102. |
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Explanation: The change is necessary to apply to |
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retailers in all areas of the state the provision added by the |
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proposed bill to require the inclusion of certain retail receipts |
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in the total receipts used to determine whether an off-premises |
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alcoholic beverage retailer is exempt from certain distance |
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requirements in relation to public and private schools. |
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(3) Senate Rule 12.03(1) is suspended to allow the |
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conference committee, in SECTION 2 of the bill, to change text |
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not in disagreement in Subsection (b), Section 109.37, Alcoholic |
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Beverage Code, added by the proposed bill, so that the added |
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provision reads as follows: |
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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 |
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the consumption of an alcoholic beverage on a public street, |
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public alley, or public sidewalk within 1,000 feet of a plasma |
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center that is not located in a central business district. |
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Explanation: The change is necessary to remove language |
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prescribing the point from which the distance from a plasma |
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center is measured for the purpose of determining the area within |
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which the consumption of alcoholic beverages is prohibited to |
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allow the general rules for measuring distance established by the |
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proposed bill to control. |
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(4) Senate Rule 12.03(1) is suspended to allow the |
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conference committee, in SECTION 3 of the bill, to change text |
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not in disagreement in Subsections (b) and (c), Section 109.59, |
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Alcoholic Beverage Code, amended by the proposed bill, so that |
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the amended sections read as follows: |
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(b) On the sale or transfer of the premises or the |
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business on the premises in which a new original license or |
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permit is required for the premises, the premises shall be deemed |
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to satisfy any distance requirements as if the issuance of the |
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new original permit or license were a renewal of a previously |
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held permit or license if the new permit or license is of the same |
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type as the previously held permit or license. |
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(c) In an incorporated city or town with a population of |
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more than 900,000, Subsection (b) does not apply to the |
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satisfaction of the distance requirement prescribed by Section |
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109.33(a)(2) for a public school, except that on the death of a |
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permit or license holder or a person having an interest in a |
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permit or license Subsection (b) does apply to the holder's |
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surviving spouse or child of the holder or person if the spouse or |
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child qualifies as a successor in interest to the permit or |
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license. The new permit or license must be of the same type as |
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the previously held permit or license. |
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Explanation: The changes are necessary to provide that |
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the amended provision grandfathering certain alcoholic beverage |
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establishments from the application of certain distance |
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requirements applies to establishments in all areas of the state. |
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The changes are also necessary to provide that the amended |
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provision grandfathering only certain alcoholic beverage |
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establishments from the requirements governing the distance of |
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an alcoholic beverage establishment from a public school applies |
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only to an establishment in a city or town with a population of |
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more than 900,000 and only if the permit or license for the |
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establishment is of the same type as the permit or license |
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previously held for the location. |
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(5) Senate Rule 12.03(4) is suspended to allow the |
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conference committee, in SECTION 5 of the bill, to add text not |
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included in either the House or Senate version of the bill to |
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repeal certain provisions of the Alcoholic Beverage Code to read |
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as follows: |
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SECTION 5. Sections 109.33(b) and (d), Alcoholic |
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Beverage Code, are repealed. |
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Explanation: The added language is necessary to repeal |
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provisions prescribing the method for measuring the distance |
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between certain alcoholic beverage establishments and certain |
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other establishments for certain purposes so that the general |
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rules for measuring distance provided by the proposed bill |
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control. |
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(6) Senate Rule 12.03(1) is suspended to allow the |
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conference committee, in SECTION 6 of the bill, to change text |
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not in disagreement regarding the effective date of the Act, so |
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that the effective date provision reads as follows: |
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SECTION 6. This Act takes effect September 1, 2009. |
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Explanation: The change is necessary so that the Act takes |
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effect September 1, 2009. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 31, 2009. |
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_______________________________ |
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Secretary of the Senate |