| 1 | 1 | | 84R1597 JAM-F |
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| 2 | 2 | | By: West S.B. No. 235 |
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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 consumption of alcoholic beverages in certain |
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| 8 | 8 | | entertainment facilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 108.82, Alcoholic Beverage Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 108.82. ALCOHOLIC BEVERAGE CONSUMPTION IN CERTAIN |
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| 13 | 13 | | PUBLIC ENTERTAINMENT FACILITIES. (a) This section applies only |
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| 14 | 14 | | with respect to a public entertainment facility: |
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| 15 | 15 | | (1) that is a stadium: |
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| 16 | 16 | | (A) located in a county with a population of more |
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| 17 | 17 | | than 1.6 million; |
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| 18 | 18 | | (B) constructed not later than 1994; [and] |
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| 19 | 19 | | (C) with a seating capacity of at least 45,000; |
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| 20 | 20 | | and |
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| 21 | 21 | | (D) [(2)] for which all alcoholic beverage |
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| 22 | 22 | | permits and licenses are held by a single independent |
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| 23 | 23 | | concessionaire; or |
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| 24 | 24 | | (2) that is an arena: |
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| 25 | 25 | | (A) located in a county with a population of 2.2 |
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| 26 | 26 | | million or more and that is adjacent to a county with a population |
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| 27 | 27 | | of more than 600,000; |
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| 28 | 28 | | (B) that opened in 2001; |
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| 29 | 29 | | (C) with a seating capacity of not more than |
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| 30 | 30 | | 22,000 on August 1, 2014; and |
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| 31 | 31 | | (D) for which alcoholic beverage permits and |
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| 32 | 32 | | licenses were held on the opening day of business. |
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| 33 | 33 | | (b) Notwithstanding Section 28.10, a [the independent] |
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| 34 | 34 | | concessionaire for a public entertainment facility described by |
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| 35 | 35 | | Subsection (a) may allow a patron who possesses an alcoholic |
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| 36 | 36 | | beverage to enter or leave a licensed or permitted premises within |
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| 37 | 37 | | the facility if the alcoholic beverage: |
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| 38 | 38 | | (1) is in an open container, as defined by Section |
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| 39 | 39 | | 49.031, Penal Code; |
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| 40 | 40 | | (2) appears to be possessed for present consumption; |
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| 41 | 41 | | (3) remains within the confines of the facility, |
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| 42 | 42 | | excluding a parking lot; and |
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| 43 | 43 | | (4) was purchased legally at a licensed or permitted |
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| 44 | 44 | | premises within the facility. |
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| 45 | 45 | | SECTION 2. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2015. |
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