Texas 2009 - 81st Regular

Texas Senate Bill SR1081 Compare Versions

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1	1	By: Harris S.R. No. 1081
2	2
3	3
4	4	SENATE RESOLUTION
5	5	BE IT RESOLVED by the Senate of the State of Texas, 81st
6	6	Legislature, Regular Session, 2009, That Senate Rule 12.03 be
7	7	suspended in part as provided by Senate Rule 12.08 to enable the
8	8	conference committee appointed to resolve the differences on
9	9	House Bill No. 1161 (local regulation of distance requirements
10	10	for the sale and consumption of alcoholic beverages near certain
11	11	establishments) to consider and take action on the following
12	12	matter:
13	13	(1) Senate Rule 12.03(4) is suspended to allow the
14	14	conference committee, in SECTION 1 of the bill, to add text not
15	15	included in either the House or Senate version of the bill that
16	16	amends Subsection (c), Section 109.33, Alcoholic Beverage Code,
17	17	to read as follows:
18	18	(c) Every applicant for an original alcoholic beverage
19	19	license or permit for a location [with a door by which the public
20	20	may enter the place of business of the applicant] that is within
21	21	1,000 feet of [the nearest property line of] a public or private
22	22	school [, measured along street lines and directly across
23	23	intersections,] must give written notice of the application to
24	24	officials of the public or private school before filing the
25	25	application with the commission. A copy of the notice must be
26	26	submitted to the commission with the application. This
27	27	subsection does not apply to a permit or license covering a
28	28	premise where minors are prohibited from entering the premises
29	29	under Section 109.53.
30	30	Explanation: The addition of the text is necessary to
31	31	strike from existing law language prescribing the method for
32	32	measuring the distance between an alcoholic beverage
33	33	establishment and a school to allow the general rules for
34	34	measuring distance established by the bill to control.
35	35	(2) Senate Rule 12.03(1) is suspended to allow the
36	36	conference committee, in SECTION 1 of the bill, to change text
37	37	not in disagreement in Subsection (f), Section 109.33, Alcoholic
38	38	Beverage Code, amended by the proposed bill, so that the amended
39	39	section reads as follows:
40	40	(f) Subsections (a)(2) and (3) do not apply to the holder
41	41	of:
42	42	(1) a retail on-premises consumption permit or
43	43	license if less than 50 percent of the gross receipts for the
44	44	premises is from the sale or service of alcoholic beverages;
45	45	(2) a retail off-premises consumption permit or
46	46	license if less than 50 percent of the gross receipts for the
47	47	premises[, excluding the sale of items subject to the motor fuels
48	48	tax,] is from the sale or service of alcoholic beverages:
49	49	(A) excluding the sale of items subject to the
50	50	motor fuels tax; and
51	51	(B) including receipts from additional retail
52	52	buildings owned by the off-premises consumption permit or
53	53	license holder that are located on the same property as the
54	54	permitted or licensed premises; or
55	55	(3) a wholesaler's, distributor's, brewer's,
56	56	distiller's and rectifier's, winery, wine bottler's or
57	57	manufacturer's permit or license, or any other license or permit
58	58	held by a wholesaler or manufacturer as those words are
59	59	ordinarily used and understood in Chapter 102.
60	60	Explanation: The change is necessary to apply to
61	61	retailers in all areas of the state the provision added by the
62	62	proposed bill to require the inclusion of certain retail receipts
63	63	in the total receipts used to determine whether an off-premises
64	64	alcoholic beverage retailer is exempt from certain distance
65	65	requirements in relation to public and private schools.
66	66	(3) Senate Rule 12.03(1) is suspended to allow the
67	67	conference committee, in SECTION 2 of the bill, to change text
68	68	not in disagreement in Subsection (b), Section 109.37, Alcoholic
69	69	Beverage Code, added by the proposed bill, so that the added
70	70	provision reads as follows:
71	71	(b) The commissioners court of a county may enact
72	72	regulations applicable in areas in the county outside an
73	73	incorporated city or town, and the governing board of an
74	74	incorporated city or town may enact regulations applicable in the
75	75	city or town, prohibiting the possession of an open container or
76	76	the consumption of an alcoholic beverage on a public street,
77	77	public alley, or public sidewalk within 1,000 feet of a plasma
78	78	center that is not located in a central business district.
79	79	Explanation: The change is necessary to remove language
80	80	prescribing the point from which the distance from a plasma
81	81	center is measured for the purpose of determining the area within
82	82	which the consumption of alcoholic beverages is prohibited to
83	83	allow the general rules for measuring distance established by the
84	84	proposed bill to control.
85	85	(4) Senate Rule 12.03(1) is suspended to allow the
86	86	conference committee, in SECTION 3 of the bill, to change text
87	87	not in disagreement in Subsections (b) and (c), Section 109.59,
88	88	Alcoholic Beverage Code, amended by the proposed bill, so that
89	89	the amended sections read as follows:
90	90	(b) On the sale or transfer of the premises or the
91	91	business on the premises in which a new original license or
92	92	permit is required for the premises, the premises shall be deemed
93	93	to satisfy any distance requirements as if the issuance of the
94	94	new original permit or license were a renewal of a previously
95	95	held permit or license if the new permit or license is of the same
96	96	type as the previously held permit or license.
97	97	(c) In an incorporated city or town with a population of
98	98	more than 900,000, Subsection (b) does not apply to the
99	99	satisfaction of the distance requirement prescribed by Section
100	100	109.33(a)(2) for a public school, except that on the death of a
101	101	permit or license holder or a person having an interest in a
102	102	permit or license Subsection (b) does apply to the holder's
103	103	surviving spouse or child of the holder or person if the spouse or
104	104	child qualifies as a successor in interest to the permit or
105	105	license. The new permit or license must be of the same type as
106	106	the previously held permit or license.
107	107	Explanation: The changes are necessary to provide that
108	108	the amended provision grandfathering certain alcoholic beverage
109	109	establishments from the application of certain distance
110	110	requirements applies to establishments in all areas of the state.
111	111	The changes are also necessary to provide that the amended
112	112	provision grandfathering only certain alcoholic beverage
113	113	establishments from the requirements governing the distance of
114	114	an alcoholic beverage establishment from a public school applies
115	115	only to an establishment in a city or town with a population of
116	116	more than 900,000 and only if the permit or license for the
117	117	establishment is of the same type as the permit or license
118	118	previously held for the location.
119	119	(5) Senate Rule 12.03(4) is suspended to allow the
120	120	conference committee, in SECTION 5 of the bill, to add text not
121	121	included in either the House or Senate version of the bill to
122	122	repeal certain provisions of the Alcoholic Beverage Code to read
123	123	as follows:
124	124	SECTION 5. Sections 109.33(b) and (d), Alcoholic
125	125	Beverage Code, are repealed.
126	126	Explanation: The added language is necessary to repeal
127	127	provisions prescribing the method for measuring the distance
128	128	between certain alcoholic beverage establishments and certain
129	129	other establishments for certain purposes so that the general
130	130	rules for measuring distance provided by the proposed bill
131	131	control.
132	132	(6) Senate Rule 12.03(1) is suspended to allow the
133	133	conference committee, in SECTION 6 of the bill, to change text
134	134	not in disagreement regarding the effective date of the Act, so
135	135	that the effective date provision reads as follows:
136	136	SECTION 6. This Act takes effect September 1, 2009.
137	137	Explanation: The change is necessary so that the Act takes
138	138	effect September 1, 2009.
139	139	_______________________________
140	140	President of the Senate
141	141	I hereby certify that the
142	142	above Resolution was adopted by
143	143	the Senate on May 31, 2009.
144	144	_______________________________
145	145	Secretary of the Senate