Texas 2015 - 84th Regular

Texas House Bill HB2296 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Smith (Senate Sponsor - Seliger) H.B. No. 2296
2		-	(In the Senate - Received from the House April 20, 2015;
3		-	May 4, 2015, read first time and referred to Committee on Business
4		-	and Commerce; May 15, 2015, reported favorably by the following
5		-	vote: Yeas 8, Nays 0; May 15, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2296
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to regulation by a municipality of the possession of an
12	6		open container or the public consumption of alcoholic beverages.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 109.35, Alcoholic Beverage Code, is
15	9		amended by amending Subsections (a), (b), and (c) and adding
16	10		Subsection (c-1) to read as follows:
17	11		(a) If the governing body of a municipality determines that
18	12		the possession of an open container or the public consumption of
19	13		alcoholic beverages in the central business district of the
20	14		municipality is a risk to the health and safety of the citizens of
21	15		the municipality, the governing body may by charter or ordinance
22	16		prohibit [petition for the adoption of an order by the commission
23	17		that prohibits] the possession of an open container or the public
24	18		consumption of alcoholic beverages in that central business
25	19		district.
26	20		(b) If a municipality prohibits [submits a petition for an
27	21		order of the commission to prohibit] the possession of an open
28	22		container or the public consumption of alcoholic beverages in the
29	23		central business district of the city, the municipality must adopt
30	24		[and attaches to the petition] a map, plat, or diagram showing the
31	25		central business district that is [to be] covered by the
32	26		prohibition[, the commission shall approve and issue the order
33	27		without further consideration unless the commission finds that the
34	28		map, plat, or diagram improperly identifies the central business
35	29		district].
36	30		(c) The municipality's charter or ordinance [commission's
37	31		order] may not prohibit the possession of an open container or the
38	32		consumption of alcoholic beverages in motor vehicles, buildings not
39	33		owned or controlled by the municipality, residential structures, or
40	34		licensed premises located in the area of prohibition.
41	35		(c-1) In accordance with Section 1.06, this section does not
42	36		authorize municipal regulation of the possession of an open
43	37		container or the public consumption of alcoholic beverages except
44	38		as expressly provided by this section.
45	39		SECTION 2. This Act takes effect September 1, 2015.
46		-	* * * * *
	40	+	______________________________ ______________________________
	41	+	President of the Senate Speaker of the House
	42	+	I certify that H.B. No. 2296 was passed by the House on April
	43	+	16, 2015, by the following vote: Yeas 146, Nays 0, 2 present, not
	44	+	voting.
	45	+	______________________________
	46	+	Chief Clerk of the House
	47	+	I certify that H.B. No. 2296 was passed by the Senate on May
	48	+	22, 2015, by the following vote: Yeas 30, Nays 1.
	49	+	______________________________
	50	+	Secretary of the Senate
	51	+	APPROVED: _____________________
	52	+	Date
	53	+	_____________________
	54	+	Governor