Texas 2019 - 86th Regular

Texas House Bill HB2633 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2633
	1	+	By: Morrison (Senate Sponsor - Kolkhorst) H.B. No. 2633
	2	+	(In the Senate - Received from the House April 23, 2019;
	3	+	April 24, 2019, read first time and referred to Committee on
	4	+	Business & Commerce; May 19, 2019, reported favorably by the
	5	+	following vote: Yeas 7, Nays 0; May 19, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the consumption, possession, or sale of an alcoholic
6	12		beverage at a performing arts facility leased to a nonprofit
7	13		organization by a school district.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 109.33, Alcoholic Beverage Code, is
10	16		amended by adding Subsection (f-1) to read as follows:
11	17		(f-1) Subsections (a)(2) and (3) do not apply to a
12	18		performing arts facility leased to a nonprofit organization under a
13	19		policy adopted under Section 11.179, Education Code.
14	20		SECTION 2. Subchapter D, Chapter 11, Education Code, is
15	21		amended by adding Section 11.179 to read as follows:
16	22		Sec. 11.179. SALE OF ALCOHOLIC BEVERAGES IN CERTAIN LEASED
17	23		DISTRICT FACILITIES. (a) The board of trustees of a school
18	24		district may adopt a policy allowing the consumption, possession,
19	25		and sale of an alcoholic beverage at an event held at a performing
20	26		arts facility owned by the district if:
21	27		(1) the facility is leased to a nonprofit organization
22	28		for an event not sponsored or sanctioned by the district; and
23	29		(2) the district is located in a county:
24	30		(A) that has a population of not more than
25	31		300,000; and
26	32		(B) in which a component university of the
27	33		University of Houston System is located.
28	34		(b) A lease agreement entered into as provided by Subsection
29	35		(a) must require that:
30	36		(1) the event be held outside of regular school hours;
31	37		and
32	38		(2) the alcoholic beverages be sold by a person who
33	39		holds an appropriate retail license or permit under the Alcoholic
34	40		Beverage Code for the facility.
35	41		SECTION 3. Section 37.122, Education Code, is amended by
36	42		adding Subsection (a-1) to read as follows:
37	43		(a-1) It is a defense to prosecution under this section that
38	44		the person possessed the intoxicating beverage:
39	45		(1) at a performing arts facility; and
40	46		(2) during an event held outside of regular school
41	47		hours and not sponsored or sanctioned by a school district.
42	48		SECTION 4. Section 38.007, Education Code, is amended by
43	49		adding Subsection (a-1) to read as follows:
44	50		(a-1) This section does not apply to a performing arts
45	51		facility leased to a nonprofit organization for an event as
46	52		provided by Section 11.179.
47	53		SECTION 5. The change in law made by this Act to Section
48	54		37.122, Education Code, applies only to an offense committed on or
49	55		after the effective date of this Act. An offense committed before
50	56		the effective date of this Act is governed by the law in effect on
51	57		the date the offense was committed, and the former law is continued
52	58		in effect for that purpose. For purposes of this section, an
53	59		offense was committed before the effective date of this Act if any
54	60		element of the offense was committed before that date.
55	61		SECTION 6. This Act takes effect September 1, 2019.
56		-	______________________________ ______________________________
57		-	President of the Senate Speaker of the House
58		-	I certify that H.B. No. 2633 was passed by the House on April
59		-	18, 2019, by the following vote: Yeas 144, Nays 3, 2 present, not
60		-	voting.
61		-	______________________________
62		-	Chief Clerk of the House
63		-	I certify that H.B. No. 2633 was passed by the Senate on May
64		-	22, 2019, by the following vote: Yeas 30, Nays 1.
65		-	______________________________
66		-	Secretary of the Senate
67		-	APPROVED: _____________________
68		-	Date
69		-	_____________________
70		-	Governor
	62	+	* * * * *