Background and purpose



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BILL ANALYSIS
Office of House Bill Analysis C.S.H.B. 688

By: Woolley

Licensing & Administrative Procedures

3/30/2001



Committee Report (Substituted)


BACKGROUND AND PURPOSE
Current law prohibits a person from consuming an alcoholic beverage or possessing an open alcoholic beverage container within 1,000 feet of a public or private school, and authorizes a commissioners court to prohibit the sale of alcoholic beverage near a church, public school, or public hospital. Current law does not, however, specifically address the possession or consumption of alcohol near a parochial school or the sale of alcohol near a private school. C.S.H.B. 688 extends limitations on the possession, consumption, and sale of alcohol to include areas near private and parochial schools.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS

C.S.H.B. 688 amends the Alcoholic Beverage Code to include a parochial school among the schools near which a person commits a Class C misdemeanor for possessing an open container or consuming an alcoholic beverage on a public street, alley, or sidewalk within 1,000 feet of the property line. The bill also extends this prohibition to any public, private, or parochial school that provides all or any part of a prekindergarten program.

The bill extends the authority of the commissioners court to prohibit the sale of alcoholic beverages by a dealer within 300 feet of a private school in areas of the county outside of an incorporated city or town, but specifies that this provision does not apply to a business with a food and beverage certificate or a premise minors are prohibited from entering. The bill authorizes the commissioners court to prohibit the sale of alcoholic beverages within 1,000 feet of a private school if the commissioners court or the governing body of an incorporated city or town receives a request from the governing body of the private school. This provision does not apply to a premise minors are prohibited from entering or to a business that is operating with a temporary and special wine and beer retailer permit, caterer’s permit, or temporary license on the premise of a private school.
C.S.H.B. 688 sets forth standards with which to measure the distance between a business where alcoholic beverages are sold and a public or private school if the place of business where alcoholic beverages is sold is located on or above the fifth story of a multistory building.
EFFECTIVE DATE
On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.
COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 688 differs from the original by removing the provision that a person commits a Class C misdemeanor for possessing an open container or consuming an alcoholic beverage on a public street, alley, or sidewalk within 1,000 feet of the property line of a child-care program associated with a public, private, or parochial school. The substitute authorizes the commissioners court to expand the 300 foot prohibition on the sale of alcohol near a private school to a 1,000 feet prohibition if the commissioners court or the governing body of an incorporated city or town receives a request from the governing body of the private school.

C.S.H.B. 688 sets forth standards with which to measure the distance between certain businesses where alcoholic beverages are sold and a public or private school if the place of business where alcoholic beverages is sold is located on or above the fifth story of a multistory building. The substitute also provides exceptions for the prohibition on the sale of alcohol near a private school. The original bill provided for an effective date of September 1, 2001.


HBA-JEK C.S.H.B. 688 77(R)






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