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R E S O L U T I O N
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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 House |
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Bill 1161 (local regulation of distance requirements for the sale |
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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 Section 109.33(c), Alcoholic Beverage Code, to read as |
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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 subsection |
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does not apply to a permit or license covering a premise where |
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minors are prohibited from entering the premises under Section |
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109.53. |
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Explanation: The addition of the text is necessary to strike |
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from existing law language prescribing the method for measuring the |
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distance between an alcoholic beverage establishment and a school |
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to allow the general rules for measuring distance established by |
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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 not |
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in disagreement in Section 109.33(f), Alcoholic Beverage Code, |
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amended by the proposed bill, so that the amended section reads as |
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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) including receipts from additional retail |
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buildings owned by the off-premises consumption permit or license |
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holder that are located on the same property as the permitted or |
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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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Explanation: The change is necessary to apply to retailers |
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in all areas of the state the provision added by the proposed bill |
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to require the inclusion of certain retail receipts in the total |
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receipts used to determine whether an off-premises alcoholic |
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beverage retailer is exempt from certain distance requirements in |
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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 not |
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in disagreement in Section 109.37(b), Alcoholic Beverage Code, |
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added by the proposed bill, so that the added provision reads as |
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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 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 a plasma center that |
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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 center |
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is measured for the purpose of determining the area within which the |
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consumption of alcoholic beverages is prohibited to allow the |
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general rules for measuring distance established by the proposed |
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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 not |
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in disagreement in Sections 109.59(b) and (c), Alcoholic Beverage |
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Code, amended by the proposed bill, so that the amended sections |
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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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(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 permit |
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or license Subsection (b) does apply to the holder's surviving |
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spouse or child of the holder or person if the spouse or child |
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qualifies as a successor in interest to the permit or license. The |
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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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Explanation: The changes are necessary to provide that the |
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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 an |
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alcoholic beverage establishment from a public school applies only |
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to an establishment in a city or town with a population of more than |
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900,000 and only if the permit or license for the establishment is |
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of the same type as the permit or license previously held for the |
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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 repeal |
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certain provisions of the Alcoholic Beverage Code to read as |
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follows: |
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SECTION 5. Sections 109.33(b) and (d), Alcoholic Beverage |
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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 rules |
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for measuring distance provided by the proposed bill 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 not |
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in disagreement regarding the effective date of the Act, so that the |
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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. |