Texas 2021 - 87th Regular

Texas House Bill HB808 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Hinojosa H.B. No. 808
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the consumption, possession, or sale of an alcoholic
7	7	beverage at a stadium or athletic facility leased to a nonprofit or
8	8	private entity by a school district.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 109.33, Alcoholic Beverage Code, is
11	11	amended by adding Subsection (f-2) to read as follows:
12	12	(f-2) Subsections (a)(2) and (3) do not apply to a stadium
13	13	or other athletic facility leased to a nonprofit or private entity
14	14	under a policy adopted under Section 11.180, Education Code.
15	15	SECTION 2. Subchapter D, Chapter 11, Education Code, is
16	16	amended by adding Section 11.180 to read as follows:
17	17	Sec. 11.180. SALE OF ALCOHOLIC BEVERAGES IN CERTAIN LEASED
18	18	DISTRICT FACILITIES. (a) The board of trustees of a school
19	19	district may adopt a policy allowing the consumption, possession,
20	20	and sale of an alcoholic beverage at a sporting or athletic event
21	21	held at a stadium or other athletic facility owned by the district,
22	22	provided that the facility:
23	23	(1) is not located on or within 300 feet of a public or
24	24	private school campus; and
25	25	(2) is leased to a nonprofit or private entity for
26	26	purposes of a sporting or athletic event not sponsored or
27	27	sanctioned by the district.
28	28	(b) A lease agreement entered into as provided by Subsection
29	29	(a) must require that:
30	30	(1) the sporting or athletic event be held outside of
31	31	regular school hours;
32	32	(2) the alcoholic beverages be sold by a person who
33	33	holds an appropriate retail license or permit under the Alcoholic
34	34	Beverage Code for the facility;
35	35	(3) the nonprofit or private entity leasing the
36	36	facility accept all civil and criminal liability arising from
37	37	providing, selling, or serving an alcoholic beverage at the event;
38	38	(4) a peace officer be present at the facility at all
39	39	times during which alcoholic beverages are sold; and
40	40	(5) the sale of alcoholic beverages cease the earlier
41	41	of 30 minutes before the end of the sporting or athletic event or
42	42	after three-fourths of the sporting or athletic event are
43	43	completed.
44	44	SECTION 3. Section 37.122, Education Code, is amended by
45	45	adding Subsection (a-2) to read as follows:
46	46	(a-2) It is a defense to prosecution under this section that
47	47	the person possessed the intoxicating beverage:
48	48	(1) at a stadium or other athletic facility that is not
49	49	on or within 300 feet of a public or private school campus; and
50	50	(2) during a sporting or athletic event held outside
51	51	of regular school hours and not sponsored or sanctioned by a school
52	52	district.
53	53	SECTION 4. Section 38.007, Education Code, is amended by
54	54	adding Subsection (a-2) to read as follows:
55	55	(a-2) This section does not apply to a stadium or athletic
56	56	facility leased to a nonprofit or private entity for a sporting or
57	57	athletic event as provided by Section 11.180.
58	58	SECTION 5. The change in law made by this Act to Section
59	59	37.122, Education Code, applies only to an offense committed on or
60	60	after the effective date of this Act. An offense committed before
61	61	the effective date of this Act is governed by the law in effect on
62	62	the date the offense was committed, and the former law is continued
63	63	in effect for that purpose. For purposes of this section, an
64	64	offense was committed before the effective date of this Act if any
65	65	element of the offense was committed before that date.
66	66	SECTION 6. This Act takes effect September 1, 2021.