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