| 1 | 1 | | 84R9241 MCK-D |
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| 2 | 2 | | By: Menéndez S.B. No. 1318 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the local regulation of distance requirements for the |
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| 8 | 8 | | possession or consumption of alcoholic beverages near public |
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| 9 | 9 | | transportation stops. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter C, Chapter 109, Alcoholic Beverage |
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| 12 | 12 | | Code, is amended by adding Section 109.37 to read as follows: |
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| 13 | 13 | | Sec. 109.37. CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR PUBLIC |
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| 14 | 14 | | TRANSPORTATION STOPS. (a) In this section: |
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| 15 | 15 | | (1) "Open container" has the meaning assigned by |
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| 16 | 16 | | Section 109.35. |
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| 17 | 17 | | (2) "Public transportation passenger vehicle" means a |
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| 18 | 18 | | vehicle operated by a political subdivision and used for the |
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| 19 | 19 | | transportation of passengers for a fee. |
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| 20 | 20 | | (b) The commissioners court of a county may enact |
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| 21 | 21 | | regulations applicable in areas in the county outside an |
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| 22 | 22 | | incorporated city or town, and the governing board of an |
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| 23 | 23 | | incorporated city or town may enact regulations applicable in the |
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| 24 | 24 | | city or town, prohibiting the possession of an open container or the |
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| 25 | 25 | | consumption of an alcoholic beverage on a public street, public |
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| 26 | 26 | | alley, or public sidewalk within 300 feet of the property line of a |
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| 27 | 27 | | station, platform, bus stop, bus shelter, or other place designated |
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| 28 | 28 | | as a place of entry to or exit from a public transportation |
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| 29 | 29 | | passenger vehicle. |
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| 30 | 30 | | (c) If the commissioners court of a county or the governing |
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| 31 | 31 | | board of an incorporated city or town enacts regulations under |
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| 32 | 32 | | Subsection (b), the commissioners court or the governing board may |
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| 33 | 33 | | temporarily suspend the regulations for a special event in the |
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| 34 | 34 | | county or the city or town. |
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| 35 | 35 | | SECTION 2. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2015. |
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