Texas Attorney General Opinion: GA-0942 Page: 3 of 4
The following text was automatically extracted from the image on this page using optical character recognition software:
The Honorable Sid Miller - Page 3
101.75, 109.33, and 109.59, Alcoholic Beverage Code. Additionally,
the board, if a majority f the area of a district is located in a
municipality wit/hi a population of 900,000 or more, imay petition the
conminissioners court of the county in which the district is located or
the governing board of an incorporated city or town in which the
district is located to adopt a 1,000-foot zone under Section 109.33,
Alcoholic Beverage Code.
hId. 38.007(b) (emphasis added).) Section 38.007(b) of the Education Code thus grants the
authority to petition the municipal governing board to adopt a 1,000-foot alcohol-free zone only to
a board in a district located in a municipality with a population 900,000 or more. Id. The
Legislature has not authorized a school board of a district in a municipality of less than 900,000
persons to petition for an ordinance that prohibits the sale of alcoholic beverages by a dealer whose
place of business is within 1,000 feet of a public school. The governing board of a municipality
lacks authority under section 109.33 of the Alcoholic Beverage Code to enact an ordinance
prohibiting sales of alcohol within 1,000 feet of a public school unless it receives a petition to enact
such an ordinance from a school district that is principally located in a municipality of 900,000
persons or more.
One of the referenced statutes, section 1 01.75 of the Alcoholic Beverage Code, makes it a criminal offense to
possess an open container or consume "an alcoholic beverage on a public street, public alley, or public sidewalk within
1,000 feet of . a public or private school." TEx, ALo, BEV. CODE ANN. 101.75(a) (West 2007); see also TEx. EDUC
CODE ANN. 38.007(b) (West 2006).
Here’s what’s next.
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0942, text, 2012; (texashistory.unt.edu/ark:/67531/metapth275838/m1/3/: accessed January 21, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.