By: Averitt S.B. No. 2341
(In the Senate - Filed March 13, 2009; March 31, 2009, read
first time and referred to Committee on Business and Commerce;
April 16, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 16, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 2341 By: Averitt
A BILL TO BE ENTITLED
AN ACT
relating to authorizing individuals to leave certain permitted
premises and other areas 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 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. This Act takes effect September 1, 2009.
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