By: Eltife S.B. No. 802
(In the Senate - Filed February 26, 2015; March 3, 2015,
read first time and referred to Committee on Business and Commerce;
April 9, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 9, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 802 By: Schwertner
A BILL TO BE ENTITLED
AN ACT
relating to consumption of alcoholic beverages in public
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, arena, or other permanent
structure that is used for sporting events;
(2) relating to which an agreement approved by the
administrator under Section 108.79 is in force[:
[(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
(3) [(2)] for which all alcoholic beverage permits and
licenses are held by a single holder [independent concessionaire].
(b) Notwithstanding Section 28.10, 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.
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