H.B. No. 4498
AN ACT
relating to the sale and consumption of 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 15,000;
(2) is located in a county with a population of less
than 65,000; 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 on property owned by a municipality that contains a
municipally owned conference center and that borders a lake 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 on the municipally owned property where the permitted
premises are located.
(c) This section does not affect the prohibition against
possessing an open container in a passenger area of a motor vehicle
under Section 49.031, Penal Code.
SECTION 2. Chapter 31, Alcoholic Beverage Code, is amended
by adding Section 31.06 to read as follows:
Sec. 31.06. PUBLIC CONSUMPTION. (a) This section applies
only to the holder of a caterer's permit operating under the permit
in an area in a municipality that:
(1) has a population of less than 15,000;
(2) is located in a county with a population of less
than 65,000; and
(3) contains a historic preservation district that
borders a lake.
(b) Notwithstanding any other law, the holder of a caterer's
permit operating under the permit in an area located on property
owned by a municipality that contains a municipally owned
conference center and that borders a lake may permit a patron to
leave the area, 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 on the municipally owned property where the area is
located.
(c) This section does not affect the prohibition against
possessing an open container in a passenger area of a motor vehicle
under Section 49.031, Penal Code.
SECTION 3. Section 501.035(c), Election Code, is amended to
read as follows:
(c) In an area where the sale of any type or classification
of [all] alcoholic beverages [including mixed beverages] has been
legalized, the ballot for a prohibitory election shall be prepared
to permit voting for or against the one of the following issues that
applies:
(1) "The legal sale of beer for off-premise
consumption only."
(2) "The legal sale of beer."
(3) "The legal sale of beer and wine for off-premise
consumption only."
(4) "The legal sale of beer and wine."
(5) "The legal sale of all alcoholic beverages for
off-premise consumption only."
(6) "The legal sale of all alcoholic beverages except
mixed beverages."
(7) "The legal sale of all alcoholic beverages
including mixed beverages."
(8) "The legal sale of mixed beverages."
(9) "The legal sale of mixed beverages in restaurants
by food and beverage certificate holders only."
(10) "The legal sale of wine on the premises of a
holder of a winery permit."
SECTION 4. Sections 501.035(d), (e), and (f), Election
Code, are repealed.
SECTION 5. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4498 was passed by the House on April
22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 4498 on May 23, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 4498 on May 30, 2009, by the following vote: Yeas 145,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4498 was passed by the Senate, with
amendments, on May 19, 2009, by the following vote: Yeas 30, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
4498 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor