84R15632 AJA-F
By: Smith H.B. No. 2296
A BILL TO BE ENTITLED
AN ACT
relating to regulation by a municipality of the possession of an
open container or the public consumption of alcoholic beverages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 109.35, Alcoholic Beverage Code, is
amended by amending Subsections (a), (b), and (c) and adding
Subsection (c-1) to read as follows:
(a) If the governing body of a municipality determines that
the possession of an open container or the public consumption of
alcoholic beverages in the central business district of the
municipality is a risk to the health and safety of the citizens of
the municipality, the governing body may by charter or ordinance
prohibit [petition for the adoption of an order by the commission
that prohibits] the possession of an open container or the public
consumption of alcoholic beverages in that central business
district.
(b) If a municipality prohibits [submits a petition for an
order of the commission to prohibit] the possession of an open
container or the public consumption of alcoholic beverages in the
central business district of the city, the municipality must adopt
[and attaches to the petition] a map, plat, or diagram showing the
central business district that is [to be] covered by the
prohibition[, the commission shall approve and issue the order
without further consideration unless the commission finds that the
map, plat, or diagram improperly identifies the central business
district].
(c) The municipality's charter or ordinance [commission's
order] may not prohibit the possession of an open container or the
consumption of alcoholic beverages in motor vehicles, buildings not
owned or controlled by the municipality, residential structures, or
licensed premises located in the area of prohibition.
(c-1) In accordance with Section 1.06, this section does not
authorize municipal regulation of the possession of an open
container or the public consumption of alcoholic beverages except
as expressly provided by this section.
SECTION 2. This Act takes effect September 1, 2015.