By: Morrison (Senate Sponsor - Kolkhorst) H.B. No. 2633
(In the Senate - Received from the House April 23, 2019;
April 24, 2019, read first time and referred to Committee on
Business & Commerce; May 19, 2019, reported favorably by the
following vote: Yeas 7, Nays 0; May 19, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the consumption, possession, or sale of an alcoholic
beverage at a performing arts facility leased to a nonprofit
organization by a school district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 109.33, Alcoholic Beverage Code, is
amended by adding Subsection (f-1) to read as follows:
(f-1) Subsections (a)(2) and (3) do not apply to a
performing arts facility leased to a nonprofit organization under a
policy adopted under Section 11.179, Education Code.
SECTION 2. Subchapter D, Chapter 11, Education Code, is
amended by adding Section 11.179 to read as follows:
Sec. 11.179. SALE OF ALCOHOLIC BEVERAGES IN CERTAIN LEASED
DISTRICT FACILITIES. (a) The board of trustees of a school
district may adopt a policy allowing the consumption, possession,
and sale of an alcoholic beverage at an event held at a performing
arts facility owned by the district if:
(1) the facility is leased to a nonprofit organization
for an event not sponsored or sanctioned by the district; and
(2) the district is located in a county:
(A) that has a population of not more than
300,000; and
(B) in which a component university of the
University of Houston System is located.
(b) A lease agreement entered into as provided by Subsection
(a) must require that:
(1) the event be held outside of regular school hours;
and
(2) the alcoholic beverages be sold by a person who
holds an appropriate retail license or permit under the Alcoholic
Beverage Code for the facility.
SECTION 3. Section 37.122, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) It is a defense to prosecution under this section that
the person possessed the intoxicating beverage:
(1) at a performing arts facility; and
(2) during an event held outside of regular school
hours and not sponsored or sanctioned by a school district.
SECTION 4. Section 38.007, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) This section does not apply to a performing arts
facility leased to a nonprofit organization for an event as
provided by Section 11.179.
SECTION 5. The change in law made by this Act to Section
37.122, Education Code, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any
element of the offense was committed before that date.
SECTION 6. This Act takes effect September 1, 2019.
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