1 | | - | H.B. No. 2127 |
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| 1 | + | By: Turner of Tarrant, et al. H.B. No. 2127 |
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| 2 | + | (Senate Sponsor - Hancock) |
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| 3 | + | (In the Senate - Received from the House April 12, 2021; |
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| 4 | + | April 14, 2021, read first time and referred to Committee on |
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| 5 | + | Administration; May 10, 2021, reported favorably by the following |
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| 6 | + | vote: Yeas 4, Nays 0; May 10, 2021, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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4 | 11 | | AN ACT |
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5 | 12 | | relating to consumption of alcoholic beverages in public |
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6 | 13 | | entertainment facilities and zones. |
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7 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 15 | | SECTION 1. Section 108.73, Alcoholic Beverage Code, is |
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9 | 16 | | amended by adding Subdivision (3-a) to read as follows: |
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10 | 17 | | (3-a) "Public entertainment zone" means an area of |
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11 | 18 | | land that: |
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12 | 19 | | (A) is owned by a municipality with a population |
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13 | 20 | | of 175,000 or more; |
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14 | 21 | | (B) is designated as a public entertainment zone |
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15 | 22 | | by the governing body of a municipality in a formal meeting; and |
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16 | 23 | | (C) contains a public safety facility. |
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17 | 24 | | SECTION 2. The heading to Section 108.82, Alcoholic |
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18 | 25 | | Beverage Code, is amended to read as follows: |
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19 | 26 | | Sec. 108.82. ALCOHOLIC BEVERAGE CONSUMPTION IN PUBLIC |
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20 | 27 | | ENTERTAINMENT FACILITIES AND ZONES. |
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21 | 28 | | SECTION 3. Sections 108.82(a) and (b), Alcoholic Beverage |
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22 | 29 | | Code, are amended to read as follows: |
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23 | 30 | | (a) This section applies only to [a public entertainment |
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24 | 31 | | facility]: |
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25 | 32 | | (1) a public entertainment facility that is owned or |
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26 | 33 | | leased by the Texas State Railroad Authority and used as a station |
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27 | 34 | | for passenger rail services; [or] |
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28 | 35 | | (2) a public entertainment facility that is a stadium, |
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29 | 36 | | arena, or other permanent structure that is used for sporting |
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30 | 37 | | events and: |
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31 | 38 | | (A) relating to which an agreement approved by |
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32 | 39 | | the administrator under Section 108.79 is in force; and |
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33 | 40 | | (B) for which all alcoholic beverage permits and |
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34 | 41 | | licenses are held by a single holder; or |
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35 | 42 | | (3) a public entertainment zone. |
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36 | 43 | | (b) Notwithstanding Section 28.10, the concessionaire for a |
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37 | 44 | | public entertainment facility or a public entertainment zone |
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38 | 45 | | described by Subsection (a) may allow a patron who possesses an |
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39 | 46 | | alcoholic beverage to enter or leave a licensed or permitted |
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40 | 47 | | premises within the facility or zone if the alcoholic beverage: |
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41 | 48 | | (1) is in an open container, as defined by Section |
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42 | 49 | | 49.031, Penal Code; |
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43 | 50 | | (2) appears to be possessed for present consumption; |
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44 | 51 | | (3) except as provided by Section 48.01(b), remains |
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45 | 52 | | within the confines of the facility or zone, excluding a parking |
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46 | 53 | | lot; and |
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47 | 54 | | (4) was purchased legally at a licensed or permitted |
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48 | 55 | | premises within the facility or zone. |
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49 | 56 | | SECTION 4. This Act takes effect September 1, 2021. |
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50 | | - | ______________________________ ______________________________ |
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51 | | - | President of the Senate Speaker of the House |
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52 | | - | I certify that H.B. No. 2127 was passed by the House on April |
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53 | | - | 9, 2021, by the following vote: Yeas 140, Nays 4, 2 present, not |
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54 | | - | voting. |
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55 | | - | ______________________________ |
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56 | | - | Chief Clerk of the House |
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57 | | - | I certify that H.B. No. 2127 was passed by the Senate on May |
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58 | | - | 13, 2021, by the following vote: Yeas 30, Nays 0. |
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59 | | - | ______________________________ |
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60 | | - | Secretary of the Senate |
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61 | | - | APPROVED: _____________________ |
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62 | | - | Date |
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63 | | - | _____________________ |
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64 | | - | Governor |
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| 57 | + | * * * * * |
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