Texas 2009 - 81st Regular

Texas House Bill HB4498 Compare Versions

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1	1	H.B. No. 4498
2	2
3	3
4	4	AN ACT
5	5	relating to the sale and consumption of alcoholic beverages.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Chapter 28, Alcoholic Beverage Code, is amended
8	8	by adding Section 28.101 to read as follows:
9	9	Sec. 28.101. PUBLIC CONSUMPTION. (a) This section applies
10	10	only to a mixed beverage permit holder whose premises are located in
11	11	a municipality that:
12	12	(1) has a population of less than 15,000;
13	13	(2) is located in a county with a population of less
14	14	than 65,000; and
15	15	(3) contains a historic preservation district that
16	16	borders a lake.
17	17	(b) Notwithstanding Section 28.10 or any other law, the
18	18	holder of a mixed beverage permit whose permitted premises are
19	19	located on property owned by a municipality that contains a
20	20	municipally owned conference center and that borders a lake may
21	21	permit a patron to leave the permitted premises, even though the
22	22	patron possesses an alcoholic beverage, if:
23	23	(1) the beverage is in an open container and appears to
24	24	be possessed for present consumption; and
25	25	(2) the public consumption of alcoholic beverages or
26	26	possession of an open container of an alcoholic beverage is not
27	27	prohibited on the municipally owned property where the permitted
28	28	premises are located.
29	29	(c) This section does not affect the prohibition against
30	30	possessing an open container in a passenger area of a motor vehicle
31	31	under Section 49.031, Penal Code.
32	32	SECTION 2. Chapter 31, Alcoholic Beverage Code, is amended
33	33	by adding Section 31.06 to read as follows:
34	34	Sec. 31.06. PUBLIC CONSUMPTION. (a) This section applies
35	35	only to the holder of a caterer's permit operating under the permit
36	36	in an area in a municipality that:
37	37	(1) has a population of less than 15,000;
38	38	(2) is located in a county with a population of less
39	39	than 65,000; and
40	40	(3) contains a historic preservation district that
41	41	borders a lake.
42	42	(b) Notwithstanding any other law, the holder of a caterer's
43	43	permit operating under the permit in an area located on property
44	44	owned by a municipality that contains a municipally owned
45	45	conference center and that borders a lake may permit a patron to
46	46	leave the area, even though the patron possesses an alcoholic
47	47	beverage, if:
48	48	(1) the beverage is in an open container and appears to
49	49	be possessed for present consumption; and
50	50	(2) the public consumption of alcoholic beverages or
51	51	possession of an open container of an alcoholic beverage is not
52	52	prohibited on the municipally owned property where the area is
53	53	located.
54	54	(c) This section does not affect the prohibition against
55	55	possessing an open container in a passenger area of a motor vehicle
56	56	under Section 49.031, Penal Code.
57	57	SECTION 3. Section 501.035(c), Election Code, is amended to
58	58	read as follows:
59	59	(c) In an area where the sale of any type or classification
60	60	of [all] alcoholic beverages [including mixed beverages] has been
61	61	legalized, the ballot for a prohibitory election shall be prepared
62	62	to permit voting for or against the one of the following issues that
63	63	applies:
64	64	(1) "The legal sale of beer for off-premise
65	65	consumption only."
66	66	(2) "The legal sale of beer."
67	67	(3) "The legal sale of beer and wine for off-premise
68	68	consumption only."
69	69	(4) "The legal sale of beer and wine."
70	70	(5) "The legal sale of all alcoholic beverages for
71	71	off-premise consumption only."
72	72	(6) "The legal sale of all alcoholic beverages except
73	73	mixed beverages."
74	74	(7) "The legal sale of all alcoholic beverages
75	75	including mixed beverages."
76	76	(8) "The legal sale of mixed beverages."
77	77	(9) "The legal sale of mixed beverages in restaurants
78	78	by food and beverage certificate holders only."
79	79	(10) "The legal sale of wine on the premises of a
80	80	holder of a winery permit."
81	81	SECTION 4. Sections 501.035(d), (e), and (f), Election
82	82	Code, are repealed.
83	83	SECTION 5. This Act takes effect September 1, 2009.
84	84	______________________________ ______________________________
85	85	President of the Senate Speaker of the House
86	86	I certify that H.B. No. 4498 was passed by the House on April
87	87	22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
88	88	voting; that the House refused to concur in Senate amendments to
89	89	H.B. No. 4498 on May 23, 2009, and requested the appointment of a
90	90	conference committee to consider the differences between the two
91	91	houses; and that the House adopted the conference committee report
92	92	on H.B. No. 4498 on May 30, 2009, by the following vote: Yeas 145,
93	93	Nays 0, 1 present, not voting.
94	94	______________________________
95	95	Chief Clerk of the House
96	96	I certify that H.B. No. 4498 was passed by the Senate, with
97	97	amendments, on May 19, 2009, by the following vote: Yeas 30, Nays
98	98	0; at the request of the House, the Senate appointed a conference
99	99	committee to consider the differences between the two houses; and
100	100	that the Senate adopted the conference committee report on H.B. No.
101	101	4498 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
102	102	______________________________
103	103	Secretary of the Senate
104	104	APPROVED: __________________
105	105	Date
106	106	__________________
107	107	Governor