83R14710 AJA-F By: Geren H.B. No. 893 Substitute the following for H.B. No. 893: By: Geren C.S.H.B. No. 893 A BILL TO BE ENTITLED AN ACT relating to consumption of alcoholic beverages in certain public entertainment facilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 108, Alcoholic Beverage Code, is amended by adding Section 108.82 to read as follows: Sec. 108.82. ALCOHOLIC BEVERAGE CONSUMPTION IN CERTAIN PUBLIC ENTERTAINMENT FACILITIES. (a) This section applies only with respect to a public entertainment facility: (1) that is a stadium: (A) located in a county with a population of more than 1.6 million; (B) constructed not later than 1994; and (C) with a seating capacity of at least 45,000; and (2) for which all alcoholic beverage permits and licenses are held by a single independent concessionaire. (b) Notwithstanding Section 28.10, the independent concessionaire for a public entertainment facility described by Subsection (a) may allow a patron who possesses an alcoholic beverage to enter or leave a licensed or permitted premises within the facility if the alcoholic beverage: (1) is in an open container, as defined by Section 49.031, Penal Code; (2) appears to be possessed for present consumption; (3) remains within the confines of the facility, excluding a parking lot; and (4) was purchased legally at a licensed or permitted premises within the facility. SECTION 2. This Act takes effect September 1, 2013.