| |
| |
| |
|
|
AN ACT
|
|
|
relating to local regulation of the distance requirements for the |
|
|
sale and consumption of alcoholic beverages near certain homeless |
|
|
shelters and substance abuse treatment centers. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter C, Chapter 109, Alcoholic Beverage |
|
|
Code, is amended by adding Section 109.36 to read as follows: |
|
|
Sec. 109.36. CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR |
|
|
HOMELESS SHELTER OR SUBSTANCE ABUSE TREATMENT CENTER. (a) In this |
|
|
section: |
|
|
(1) "Central business district" means a compact and |
|
|
contiguous geographical area of a municipality used for commercial |
|
|
purposes that has historically been the primary location in the |
|
|
municipality where business has been transacted. |
|
|
(2) "Homeless shelter" means a supervised publicly or |
|
|
privately operated shelter or other facility that is designed to |
|
|
provide temporary living accommodations to individuals who lack a |
|
|
fixed regular and adequate residence. |
|
|
(3) "Open container" has the meaning assigned by |
|
|
Section 109.35. |
|
|
(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 the property line of |
|
|
a homeless shelter that is not located in a central business |
|
|
district or a substance abuse treatment center that is not located |
|
|
in a central business district. |
|
|
(c) If the commissioners court of a county or the governing |
|
|
board of an incorporated city or town enacts a prohibition under |
|
|
Subsection (b), the commissioners court or the governing board may |
|
|
enact regulations allowing special temporary events for which |
|
|
Subsection (b) may be suspended. |
|
|
SECTION 2. This Act takes effect September 1, 2007. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1238 passed the Senate on |
|
|
May 3, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1238 passed the House on |
|
|
May 23, 2007, by the following vote: Yeas 144, Nays 0, two |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |