Texas 2009 - 81st Regular

Texas Senate Bill SB2341 Compare Versions

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Old	New	Differences
1	1	81R13526 MCK-F
2	2	By: Averitt S.B. No. 2341
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing individuals to leave certain permitted
8	8	premises and other areas with alcoholic beverages.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 28, Alcoholic Beverage Code, is amended
11	11	by adding Section 28.101 to read as follows:
12	12	Sec. 28.101. PUBLIC CONSUMPTION. (a) This section applies
13	13	only to a mixed beverage permit holder whose premises are located in
14	14	a municipality that:
15	15	(1) has a population of less than 10,000;
16	16	(2) is located in a county with a population of less
17	17	than 50,000; and
18	18	(3) contains a historic preservation district that
19	19	borders a lake.
20	20	(b) Notwithstanding Section 28.10 or any other law, the
21	21	holder of a mixed beverage permit whose permitted premises are
22	22	located in a historic preservation district or a historic
23	23	compatibility district adjacent to a historic preservation
24	24	district may permit a patron to leave the permitted premises, even
25	25	though the patron possesses an alcoholic beverage, if:
26	26	(1) the beverage is in an open container and appears to
27	27	be possessed for present consumption; and
28	28	(2) the public consumption of alcoholic beverages or
29	29	possession of an open container of an alcoholic beverage is not
30	30	prohibited in the historic preservation district or historic
31	31	compatibility district where the permitted premises are located.
32	32	(c) This section does not affect the prohibition against
33	33	possessing an open container in a passenger area of a motor vehicle
34	34	under Section 49.031, Penal Code.
35	35	SECTION 2. Chapter 31, Alcoholic Beverage Code, is amended
36	36	by adding Section 31.06 to read as follows:
37	37	Sec. 31.06. PUBLIC CONSUMPTION. (a) This section applies
38	38	only to the holder of a caterer's permit operating under the permit
39	39	in an area in a municipality that:
40	40	(1) has a population of less than 10,000;
41	41	(2) is located in a county with a population of less
42	42	than 50,000; and
43	43	(3) contains a historic preservation district that
44	44	borders a lake.
45	45	(b) Notwithstanding any other law, the holder of a caterer's
46	46	permit operating under the permit in an area located in a historic
47	47	preservation district or a historic compatibility district
48	48	adjacent to a historic preservation district may permit a patron to
49	49	leave the area, even though the patron possesses an alcoholic
50	50	beverage, if:
51	51	(1) the beverage is in an open container and appears to
52	52	be possessed for present consumption; and
53	53	(2) the public consumption of alcoholic beverages or
54	54	possession of an open container of an alcoholic beverage is not
55	55	prohibited in the historic preservation district or historic
56	56	compatibility district where the area is located.
57	57	(c) This section does not affect the prohibition against
58	58	possessing an open container in a passenger area of a motor vehicle
59	59	under Section 49.031, Penal Code.
60	60	SECTION 3. This Act takes effect September 1, 2009.