| 1 | 1 | | By: Veasey H.B. No. 4319 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to local regulation of the distance requirements for the |
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| 7 | 7 | | sale and consumption of alcoholic beverages near certain plasma |
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| 8 | 8 | | centers. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 109, Alcoholic Beverage |
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| 11 | 11 | | Code, is amended by adding Section 109.37 to read as follows: |
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| 12 | 12 | | Sec. 109.37 CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR CERTAIN |
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| 13 | 13 | | PLASMA CENTER. (a) In this section: |
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| 14 | 14 | | (1) "Central business district" has the meaning |
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| 15 | 15 | | assigned by Section 109.36. |
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| 16 | 16 | | (2) "Plasma center" means a publicly or privately |
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| 17 | 17 | | operated facility at which individuals may donate blood plasma. |
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| 18 | 18 | | (3) "Open container" has the meaning assigned by |
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| 19 | 19 | | Section 109.35. |
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| 20 | 20 | | (b) The commissioners court of a county may enact |
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| 21 | 21 | | regulations applicable in areas in the county outside an |
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| 22 | 22 | | incorporated city or town, and the governing board of an |
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| 23 | 23 | | incorporated city or town may enact regulations applicable in the |
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| 24 | 24 | | city or town, prohibiting the possession of an open container or the |
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| 25 | 25 | | consumption of an alcoholic beverage on a public street, public |
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| 26 | 26 | | alley, or public sidewalk within 1,000 feet of the property line of |
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| 27 | 27 | | a plasma center that is not located in a central business district. |
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| 28 | 28 | | (c) If the commissioners court of a county or the governing |
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| 29 | 29 | | board of an incorporated city or town enacts a prohibition under |
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| 30 | 30 | | Subsection (b), the commissioners court or the governing board may |
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| 31 | 31 | | enact regulations allowing special temporary events for which |
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| 32 | 32 | | Subsection (b) may be suspended. |
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| 33 | 33 | | Section 2. This Act takes effect September 1, 2009. |
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