| 1 | 1 | | 85R19395 JAM-F |
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| 2 | 2 | | By: Guillen H.B. No. 2344 |
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| 3 | 3 | | Substitute the following for H.B. No. 2344: |
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| 4 | 4 | | By: Herrero C.S.H.B. No. 2344 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the creation of a water park permit in the Alcoholic |
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| 10 | 10 | | Beverage Code; authorizing a fee. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is |
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| 13 | 13 | | amended by adding Chapter 56 to read as follows: |
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| 14 | 14 | | CHAPTER 56. WATER PARK PERMIT |
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| 15 | 15 | | Sec. 56.01. AUTHORIZED ACTIVITIES. Notwithstanding any |
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| 16 | 16 | | other provision of this code, the holder of two or more water park |
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| 17 | 17 | | permits may deliver alcoholic beverages from any premises for which |
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| 18 | 18 | | one of those permits has been issued to any other premises for which |
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| 19 | 19 | | one of those permits has been issued. |
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| 20 | 20 | | Sec. 56.02. QUALIFICATIONS FOR PERMIT; ELIGIBLE PREMISES. |
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| 21 | 21 | | (a) A water park permit may be issued only to a person who: |
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| 22 | 22 | | (1) holds a wine and beer retailer's permit under |
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| 23 | 23 | | Chapter 25; and |
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| 24 | 24 | | (2) operates a public venue that: |
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| 25 | 25 | | (A) involves waterslides, food service, music, |
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| 26 | 26 | | and amusement activities; and |
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| 27 | 27 | | (B) is located primarily along the banks of the |
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| 28 | 28 | | Comal River. |
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| 29 | 29 | | (b) A person described by Subsection (a) may be issued water |
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| 30 | 30 | | park permits for not more than five premises: |
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| 31 | 31 | | (1) for which wine and beer retailer's permits have |
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| 32 | 32 | | been issued under Chapter 25; and |
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| 33 | 33 | | (2) that are located: |
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| 34 | 34 | | (A) in the public venue described in Subsection |
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| 35 | 35 | | (a)(2); or |
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| 36 | 36 | | (B) not more than one mile from the boundary of |
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| 37 | 37 | | that venue. |
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| 38 | 38 | | Sec. 56.03. FEE. The annual state fee for a water park |
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| 39 | 39 | | permit is $30. |
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| 40 | 40 | | Sec. 56.04. APPLICABILITY OF OTHER LAW. Except as |
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| 41 | 41 | | otherwise provided in this chapter, the provisions of this code |
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| 42 | 42 | | applicable to a wine and beer retailer's permit apply to a water |
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| 43 | 43 | | park permit. |
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| 44 | 44 | | SECTION 2. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2017. |
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