81R37149 AJA-D
By: Harris S.R. No. 1081
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 81st
Legislature, Regular Session, 2009, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 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
matter:
(1) Senate Rule 12.03(4) is suspended to allow the
conference committee, in SECTION 1 of the bill, to add text not
included in either the House or Senate version of the bill that
amends Section 109.33(c), Alcoholic Beverage Code, 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.
Explanation: The addition of the text is necessary to strike
from existing law language prescribing the method for measuring the
distance between an alcoholic beverage establishment and a school
to allow the general rules for measuring distance established by
the bill to control.
(2) Senate Rule 12.03(1) is suspended to allow the
conference committee, in SECTION 1 of the bill, to change text not
in disagreement in Section 109.33(f), Alcoholic Beverage Code,
amended by the proposed bill, so that the amended section reads as
follows:
(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) 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.
Explanation: The change is necessary to apply to retailers
in all areas of the state the provision added by the proposed bill
to require the inclusion of certain retail receipts in the total
receipts used to determine whether an off-premises alcoholic
beverage retailer is exempt from certain distance requirements in
relation to public and private schools.
(3) Senate Rule 12.03(1) is suspended to allow the
conference committee, in SECTION 2 of the bill, to change text not
in disagreement in Section 109.37(b), Alcoholic Beverage Code,
added by the proposed bill, so that the added provision reads as
follows:
(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.
Explanation: The change is necessary to remove language
prescribing the point from which the distance from a plasma center
is measured for the purpose of determining the area within which the
consumption of alcoholic beverages is prohibited to allow the
general rules for measuring distance established by the proposed
bill to control.
(4) Senate Rule 12.03(1) is suspended to allow the
conference committee, in SECTION 3 of the bill, to change text not
in disagreement in Sections 109.59(b) and (c), Alcoholic Beverage
Code, amended by the proposed bill, so that the amended sections
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.
Explanation: The changes are necessary to provide that the
amended provision grandfathering certain alcoholic beverage
establishments from the application of certain distance
requirements applies to establishments in all areas of the state.
The changes are also necessary to provide that the amended
provision grandfathering only certain alcoholic beverage
establishments from the requirements governing the distance of an
alcoholic beverage establishment from a public school applies only
to an establishment in a city or town with a population of more than
900,000 and only if the permit or license for the establishment is
of the same type as the permit or license previously held for the
location.
(5) Senate Rule 12.03(4) is suspended to allow the
conference committee, in SECTION 5 of the bill, to add text not
included in either the House or Senate version of the bill to repeal
certain provisions of the Alcoholic Beverage Code to read as
follows:
SECTION 5. Sections 109.33(b) and (d), Alcoholic Beverage
Code, are repealed.
Explanation: The added language is necessary to repeal
provisions prescribing the method for measuring the distance
between certain alcoholic beverage establishments and certain
other establishments for certain purposes so that the general rules
for measuring distance provided by the proposed bill control.
(6) Senate Rule 12.03(1) is suspended to allow the
conference committee, in SECTION 6 of the bill, to change text not
in disagreement regarding the effective date of the Act, so that the
effective date provision reads as follows:
SECTION 6. This Act takes effect September 1, 2009.
Explanation: The change is necessary so that the Act takes
effect September 1, 2009.