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

Office of House Bill AnalysisH.B. 688
By: Woolley
Licensing & Administrative Procedures


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, consumption, and sale of alcohol near parochial schools. House
Bill 688 extends the limitations on the possession, consumption, and sale
of alcohol to include areas near parochial schools.  


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. 


House Bill 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 a child-care program or 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 or parochial school in areas of the county
outside of an incorporated city or town.  


September 1, 2001.