85R18630 BEE-F
By: Geren H.B. No. 2953
Substitute the following for H.B. No. 2953:
By: Kuempel C.S.H.B. No. 2953
A BILL TO BE ENTITLED
AN ACT
relating to the definition of a public entertainment facility and
the promotion, sponsorship, or advertising of an entertainment
event or venue or alcoholic beverage at certain governmentally
owned public entertainment facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 108.73(2), Alcoholic Beverage Code, is
amended to read as follows:
(2) "Public entertainment facility" means an arena,
stadium, automobile race track, amphitheater, auditorium, theater,
civic center, convention center, or similar facility that is
primarily designed and used for live artistic, theatrical,
cultural, educational, charitable, musical, sporting, nationally
sanctioned automobile racing, or entertainment events. The term
includes a facility that is part of an approved venue project,
including the venue and related infrastructure, as those terms are
defined by Section 334.001, Local Government Code. The term does
not include a facility the primary purpose of which is the sale of
food or alcoholic beverages, including a bar, nightclub,
restaurant, hotel, bowling alley, pool hall, or dance hall, or a
facility that derives 75 percent or more of the facility's annual
gross revenue from the on-premise sale of alcoholic beverages,
except for a facility that is part of an approved venue project,
including the venue and related infrastructure, as those terms are
defined by Section 334.001, Local Government Code.
SECTION 2. Section 108.755(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Section 108.75 does not restrict or govern the
promotion, sponsorship, or advertising of an entertainment event,
or the promotion or advertising of an alcoholic beverage brand or
product, at a facility that is:
(1) owned by a municipality or county that is financed
with public securities, the interest on which is exempt from
federal income taxation under the Internal Revenue Code of 1986; or
(2) part of an approved venue project, including the
venue and related infrastructure, as those terms are defined by
Section 334.001, Local Government Code.
SECTION 3. 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, 2017.