82R267 MCK-D
By: Quintanilla H.B. No. 406
A BILL TO BE ENTITLED
AN ACT
relating to local regulation of the possession and consumption of
alcoholic beverages on certain formerly licensed or permitted
premises.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 109, Alcoholic Beverage
Code, is amended by adding Section 109.37 to read as follows:
Sec. 109.37. POSSESSION OR CONSUMPTION OF ALCOHOLIC
BEVERAGES ON CERTAIN PREVIOUSLY LICENSED OR PERMITTED
PREMISES. The commissioners court of a county may enact
regulations applicable in areas in the county outside an
incorporated city or town, and the governing board of an
incorporated city or town may enact regulations applicable in the
city or town, prohibiting the possession or consumption of an
alcoholic beverage at a location that was previously licensed or
permitted to sell alcoholic beverages for on-premises consumption
if the commissioners court or governing board determines the
license or permit was canceled or not renewed because of ongoing
criminal activity on the licensed or permitted premises that
threatened the public health, safety, or welfare.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.