Texas 2023 - 88th Regular

Texas House Bill HB115

Filed
11/14/22  
Out of House Committee
4/18/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the offense of public consumption of alcoholic beverages during certain hours.

Impact

If enacted, HB 115 will amend the Alcoholic Beverage Code to extend regulations on public consumption of alcohol beyond licensed establishments to include unlicensed public places as well. This change will formally categorize a wider array of locations into the already existing prohibitive framework, thereby ensuring consistent enforcement of alcohol-related laws across all public spaces. The bill's enforcement mechanisms are designed to promote greater public order and reduce alcohol-related incidents during late hours, which could significantly influence nightlife and social dynamics in Texas towns and cities.

Summary

House Bill 115, introduced by Representative Ortega and co-authored by several others, focuses on the regulation of public consumption of alcoholic beverages during specific hours. The bill aims to close a loophole in current law by clarifying that the prohibition on alcohol consumption applies to all public places, thereby enhancing the framework for enforcing alcohol laws in Texas. According to supporters, the legislation is a necessary step towards addressing public safety concerns associated with illegal after-hour consumption of alcohol, which has been linked to a rise in DWI offenses and other crimes in communities across the state.

Sentiment

The sentiment surrounding the bill is generally positive among its proponents, who argue that it will foster a safer environment by curbing illegal drinking behaviors. Support from law enforcement and some public safety advocates underscores the legislation's perceived benefits. However, there are also notable concerns among local businesses, particularly those in the hospitality sector, regarding the potential impact on establishments that serve alcohol. The discussions highlighted the need for a balance between public safety and economic practicality in local neighborhoods.

Contention

Discussion of HB 115 has revealed a fundamental contention regarding balancing enforcement and local business interests. While proponents advocate for stricter measures to prevent after-hour consumption and the associated risks, opponents worry about the ramifications of increased regulation on local bars and BYOB establishments. Concerns about the practical enforcement of these regulations have been raised, indicating that while the bill seeks to improve public safety, it may inadvertently affect the operations of legitimate businesses that adhere to existing laws.

Texas Constitutional Statutes Affected

Alcoholic Beverage Code

  • Chapter 105. Hours Of Sale And Consumption
    • Section: 06
    • Section: 06
    • Section: 06

Companion Bills

TX SB2170

Identical Relating to the offense of public consumption of alcoholic beverages during certain hours.

Similar Bills

No similar bills found.