| 1 | | - | By: Smith, et al. (Senate Sponsor - Eltife) H.B. No. 2339 |
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| 2 | | - | (In the Senate - Received from the House April 27, 2015; |
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| 3 | | - | May 4, 2015, read first time and referred to Committee on Business |
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| 4 | | - | and Commerce; May 12, 2015, reported favorably by the following |
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| 5 | | - | vote: Yeas 7, Nays 0; May 12, 2015, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 2339 |
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| 10 | 4 | | AN ACT |
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| 11 | 5 | | relating to consumption of alcoholic beverages in public |
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| 12 | 6 | | entertainment facilities. |
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| 13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 8 | | SECTION 1. Section 108.82, Alcoholic Beverage Code, is |
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| 15 | 9 | | amended to read as follows: |
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| 16 | 10 | | Sec. 108.82. ALCOHOLIC BEVERAGE CONSUMPTION IN [CERTAIN] |
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| 17 | 11 | | PUBLIC ENTERTAINMENT FACILITIES. (a) This section applies only |
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| 18 | 12 | | [with respect] to a public entertainment facility: |
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| 19 | 13 | | (1) that is a stadium, arena, or other permanent |
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| 20 | 14 | | structure that is used for sporting events; |
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| 21 | 15 | | (2) relating to which an agreement approved by the |
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| 22 | 16 | | administrator under Section 108.79 is in force[: |
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| 23 | 17 | | [(A) located in a county with a population of |
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| 24 | 18 | | more than 1.6 million; |
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| 25 | 19 | | [(B) constructed not later than 1994; and |
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| 26 | 20 | | [(C) with a seating capacity of at least 45,000]; |
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| 27 | 21 | | and |
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| 28 | 22 | | (3) [(2)] for which all alcoholic beverage permits and |
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| 29 | 23 | | licenses are held by a single holder [independent concessionaire]. |
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| 30 | 24 | | (b) Notwithstanding Section 28.10, the [independent] |
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| 31 | 25 | | concessionaire for a public entertainment facility described by |
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| 32 | 26 | | Subsection (a) may allow a patron who possesses an alcoholic |
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| 33 | 27 | | beverage to enter or leave a licensed or permitted premises within |
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| 34 | 28 | | the facility if the alcoholic beverage: |
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| 35 | 29 | | (1) is in an open container, as defined by Section |
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| 36 | 30 | | 49.031, Penal Code; |
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| 37 | 31 | | (2) appears to be possessed for present consumption; |
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| 38 | 32 | | (3) remains within the confines of the facility, |
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| 39 | 33 | | excluding a parking lot; and |
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| 40 | 34 | | (4) was purchased legally at a licensed or permitted |
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| 41 | 35 | | premises within the facility. |
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| 42 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
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| 43 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 40 | | Act takes effect September 1, 2015. |
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| 47 | | - | * * * * * |
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| 41 | + | ______________________________ ______________________________ |
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| 42 | + | President of the Senate Speaker of the House |
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| 43 | + | I certify that H.B. No. 2339 was passed by the House on April |
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| 44 | + | 23, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not |
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| 45 | + | voting. |
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| 46 | + | ______________________________ |
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| 47 | + | Chief Clerk of the House |
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| 48 | + | I certify that H.B. No. 2339 was passed by the Senate on May |
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| 49 | + | 20, 2015, by the following vote: Yeas 30, Nays 1. |
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| 50 | + | ______________________________ |
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| 51 | + | Secretary of the Senate |
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| 52 | + | APPROVED: _____________________ |
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| 53 | + | Date |
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| 54 | + | _____________________ |
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| 55 | + | Governor |
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