By: Harris S.R. No. 1081
SENATE RESOLUTION
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 No. 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 Subsection (c), Section 109.33, 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 Subsection (f), Section 109.33, 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 Subsection (b), Section 109.37, 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 Subsections (b) and (c), Section 109.59,
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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 31, 2009.
_______________________________
Secretary of the Senate