| 1 | 1 | | 81R11149 MCK-F |
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| 2 | 2 | | By: Keffer H.B. No. 2607 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to authorizing individuals to leave certain permitted |
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| 8 | 8 | | premises with alcoholic beverages. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 28, Alcoholic Beverage Code, is amended |
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| 11 | 11 | | by adding Section 28.101 to read as follows: |
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| 12 | 12 | | Sec. 28.101. PUBLIC CONSUMPTION. (a) This section applies |
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| 13 | 13 | | only to a mixed beverage permit holder whose premises are located in |
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| 14 | 14 | | a municipality that: |
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| 15 | 15 | | (1) has a population of less than 10,000; |
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| 16 | 16 | | (2) is located in a county with a population of less |
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| 17 | 17 | | than 50,000; and |
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| 18 | 18 | | (3) contains a historic preservation district that |
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| 19 | 19 | | borders a lake. |
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| 20 | 20 | | (b) Notwithstanding Section 28.10 or any other law, the |
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| 21 | 21 | | holder of a mixed beverage permit whose permitted premises are |
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| 22 | 22 | | located in a historic preservation district or a historic |
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| 23 | 23 | | compatibility district adjacent to a historic preservation |
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| 24 | 24 | | district may permit a patron to leave the permitted premises, even |
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| 25 | 25 | | though the patron possesses an alcoholic beverage, if: |
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| 26 | 26 | | (1) the beverage is in an open container and appears to |
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| 27 | 27 | | be possessed for present consumption; and |
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| 28 | 28 | | (2) the public consumption of alcoholic beverages or |
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| 29 | 29 | | possession of an open container of an alcoholic beverage is not |
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| 30 | 30 | | prohibited in the historic preservation district or historic |
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| 31 | 31 | | compatibility district where the permitted premises are located. |
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| 32 | 32 | | SECTION 2. This Act takes effect September 1, 2009. |
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