84R12791 JAM-D
By: Villalba H.B. No. 367
Substitute the following for H.B. No. 367:
By: Smith C.S.H.B. No. 367
A BILL TO BE ENTITLED
AN ACT
relating to consumption of alcoholic beverages in certain
entertainment facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 108.82, Alcoholic Beverage Code, is
amended 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
(D) [(2)] for which all alcoholic beverage
permits and licenses are held by a single independent
concessionaire; or
(2) that is an arena:
(A) located in a county with a population of 2.2
million or more and that is adjacent to a county with a population
of more than 600,000;
(B) that opened in 2001;
(C) with a seating capacity of not more than
22,000 on August 1, 2014; and
(D) for which alcoholic beverage permits and
licenses were held on the opening day of business.
(b) Notwithstanding Section 28.10, an [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 immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.