H.B. No. 2127
AN ACT
relating to consumption of alcoholic beverages in public
entertainment facilities and zones.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 108.73, Alcoholic Beverage Code, is
amended by adding Subdivision (3-a) to read as follows:
(3-a) "Public entertainment zone" means an area of
land that:
(A) is owned by a municipality with a population
of 175,000 or more;
(B) is designated as a public entertainment zone
by the governing body of a municipality in a formal meeting; and
(C) contains a public safety facility.
SECTION 2. The heading to Section 108.82, Alcoholic
Beverage Code, is amended to read as follows:
Sec. 108.82. ALCOHOLIC BEVERAGE CONSUMPTION IN PUBLIC
ENTERTAINMENT FACILITIES AND ZONES.
SECTION 3. Sections 108.82(a) and (b), Alcoholic Beverage
Code, are amended to read as follows:
(a) This section applies only to [a public entertainment
facility]:
(1) a public entertainment facility that is owned or
leased by the Texas State Railroad Authority and used as a station
for passenger rail services; [or]
(2) a public entertainment facility that is a stadium,
arena, or other permanent structure that is used for sporting
events and:
(A) relating to which an agreement approved by
the administrator under Section 108.79 is in force; and
(B) for which all alcoholic beverage permits and
licenses are held by a single holder; or
(3) a public entertainment zone.
(b) Notwithstanding Section 28.10, the concessionaire for a
public entertainment facility or a public entertainment zone
described by Subsection (a) may allow a patron who possesses an
alcoholic beverage to enter or leave a licensed or permitted
premises within the facility or zone if the alcoholic beverage:
(1) is in an open container, as defined by Section
49.031, Penal Code;
(2) appears to be possessed for present consumption;
(3) except as provided by Section 48.01(b), remains
within the confines of the facility or zone, excluding a parking
lot; and
(4) was purchased legally at a licensed or permitted
premises within the facility or zone.
SECTION 4. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2127 was passed by the House on April
9, 2021, by the following vote: Yeas 140, Nays 4, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2127 was passed by the Senate on May
13, 2021, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor