By: Hancock S.B. No. 400
(In the Senate - Filed February 5, 2013; February 13, 2013,
read first time and referred to Committee on Business and Commerce;
April 11, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 11, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 400 By: Hancock
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.
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