Texas 2019 - 86th Regular

Texas House Bill HB2196 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2196
	1	+	By: Harris, Clardy, Guillen H.B. No. 2196
	2	+	(Senate Sponsor - Nichols)
	3	+	(In the Senate - Received from the House April 11, 2019;
	4	+	April 15, 2019, read first time and referred to Committee on
	5	+	Business & Commerce; May 6, 2019, reported adversely, with
	6	+	favorable Committee Substitute by the following vote: Yeas 8,
	7	+	Nays 0; May 6, 2019, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 2196 By: Nichols
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to the sale of alcoholic beverages on certain property
6	15		owned or leased by the Texas State Railroad Authority.
7	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	17		SECTION 1. Section 48.01, Alcoholic Beverage Code, is
9	18		amended to read as follows:
10	19		Sec. 48.01. AUTHORIZED ACTIVITIES. (a) The holder of a
11	20		passenger train beverage permit has the same rights with respect to
12	21		the sale of alcoholic beverages on a passenger train to which this
13	22		chapter applies as the holder of an airline beverage permit has with
14	23		respect to the sale of alcoholic beverages on a commercial
15	24		passenger airplane under Section 34.01 [of this code].
16	25		(b) This subsection applies only to a passenger train
17	26		operated by or on behalf of the Texas State Railroad Authority. An
18	27		alcoholic beverage purchased by a consumer on a passenger train for
19	28		present consumption may be removed from the train for consumption
20	29		on property that is part of a public entertainment facility owned or
21	30		leased by the Texas State Railroad Authority. An alcoholic
22	31		beverage in an open container purchased by a consumer on property
23	32		that is part of a public entertainment facility owned or leased by
24	33		the Texas State Railroad Authority may be consumed on a passenger
25	34		train.
26	35		SECTION 2. Section 108.73(2), Alcoholic Beverage Code, is
27	36		amended to read as follows:
28	37		(2) "Public entertainment facility" means an arena,
29	38		stadium, automobile race track, amphitheater, auditorium, theater,
30	39		civic center, convention center, or similar facility that is
31	40		primarily designed and used for live artistic, theatrical,
32	41		cultural, educational, charitable, musical, sporting, nationally
33	42		sanctioned automobile racing, or entertainment events. The term
34	43		includes a facility that is owned or leased by the Texas State
35	44		Railroad Authority and used as a station for passenger rail
36	45		services. The term also includes a facility that is part of an
37	46		approved venue project, including the venue and related
38	47		infrastructure, as those terms are defined by Section 334.001,
39	48		Local Government Code. The term does not include a facility the
40	49		primary purpose of which is the sale of food or alcoholic beverages,
41	50		including a bar, nightclub, restaurant, hotel, bowling alley, pool
42	51		hall, or dance hall, or a facility that derives 75 percent or more
43	52		of the facility's annual gross revenue from the on-premise sale of
44	53		alcoholic beverages, except for a facility that is part of an
45	54		approved venue project, including the venue and related
46	55		infrastructure, as those terms are defined by Section 334.001,
47	56		Local Government Code.
48	57		SECTION 3. Section 108.82, Alcoholic Beverage Code, is
49	58		amended to read as follows:
50	59		Sec. 108.82. ALCOHOLIC BEVERAGE CONSUMPTION IN PUBLIC
51	60		ENTERTAINMENT FACILITIES. (a) This section applies only to a
52	61		public entertainment facility:
53	62		(1) that is owned or leased by the Texas State Railroad
54	63		Authority and used as a station for passenger rail services; or
55	64		(2) that is a stadium, arena, or other permanent
56	65		structure that is used for sporting events and:[;]
57	66		(A) [(2)] relating to which an agreement
58	67		approved by the administrator under Section 108.79 is in force; and
59	68		(B) [(3)] for which all alcoholic beverage
60	69		permits and licenses are held by a single holder.
61	70		(b) Notwithstanding Section 28.10, the concessionaire for a
62	71		public entertainment facility described by Subsection (a) may allow
63	72		a patron who possesses an alcoholic beverage to enter or leave a
64	73		licensed or permitted premises within the facility if the alcoholic
65	74		beverage:
66	75		(1) is in an open container, as defined by Section
67	76		49.031, Penal Code;
68	77		(2) appears to be possessed for present consumption;
69	78		(3) except as provided by Section 48.01(b), remains
70	79		within the confines of the facility, excluding a parking lot; and
71	80		(4) was purchased legally at a licensed or permitted
72	81		premises within the facility.
73	82		(c) A license or permit may be issued for a premises located
74	83		in a facility described by Subsection (a)(1) in an area in which the
75	84		sale of alcoholic beverages has not been authorized by a local
76	85		option election if the area has been annexed by a municipality in
77	86		which the sale of alcoholic beverages has been authorized by a local
78	87		option election. A facility described by this subsection has the
79	88		same local option status as the municipality.
80	89		(d) For a facility described by Subsection (a)(1), a
81	90		concessionaire under Subsection (b) may include a licensee or
82	91		permittee of the manufacturing tier.
83	92		SECTION 4. Subchapter C, Chapter 4501, Special District
84	93		Local Laws Code, is amended by adding Section 4501.1021 to read as
85	94		follows:
86	95		Sec. 4501.1021. SALE OF ALCOHOLIC BEVERAGES ON AUTHORITY
87	96		PROPERTY. The authority may contract with a person for the retail
88	97		sale of alcoholic beverages and a person may sell alcoholic
89	98		beverages at retail on authority property that is used as a station
90	99		for passenger rail services if the person holds or obtains the
91	100		appropriate permit or license authorizing the sale of the alcoholic
92	101		beverages.
93	102		SECTION 5. This Act takes effect September 1, 2019.
94		-	______________________________ ______________________________
95		-	President of the Senate Speaker of the House
96		-	I certify that H.B. No. 2196 was passed by the House on April
97		-	10, 2019, by the following vote: Yeas 143, Nays 2, 1 present, not
98		-	voting; and that the House concurred in Senate amendments to H.B.
99		-	No. 2196 on May 14, 2019, by the following vote: Yeas 137, Nays 4,
100		-	2 present, not voting.
101		-	______________________________
102		-	Chief Clerk of the House
103		-	I certify that H.B. No. 2196 was passed by the Senate, with
104		-	amendments, on May 10, 2019, by the following vote: Yeas 30, Nays
105		-	1.
106		-	______________________________
107		-	Secretary of the Senate
108		-	APPROVED: __________________
109		-	Date
110		-	__________________
111		-	Governor
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