By: Hinojosa H.B. No. 808
A BILL TO BE ENTITLED
AN ACT
relating to the consumption, possession, or sale of an alcoholic
beverage at a stadium or athletic facility leased to a nonprofit or
private entity 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-2) to read as follows:
(f-2) Subsections (a)(2) and (3) do not apply to a stadium
or other athletic facility leased to a nonprofit or private entity
under a policy adopted under Section 11.180, Education Code.
SECTION 2. Subchapter D, Chapter 11, Education Code, is
amended by adding Section 11.180 to read as follows:
Sec. 11.180. 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 a sporting or athletic event
held at a stadium or other athletic facility owned by the district,
provided that the facility:
(1) is not located on or within 300 feet of a public or
private school campus; and
(2) is leased to a nonprofit or private entity for
purposes of a sporting or athletic event not sponsored or
sanctioned by the district.
(b) A lease agreement entered into as provided by Subsection
(a) must require that:
(1) the sporting or athletic event be held outside of
regular school hours;
(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;
(3) the nonprofit or private entity leasing the
facility accept all civil and criminal liability arising from
providing, selling, or serving an alcoholic beverage at the event;
(4) a peace officer be present at the facility at all
times during which alcoholic beverages are sold; and
(5) the sale of alcoholic beverages cease the earlier
of 30 minutes before the end of the sporting or athletic event or
after three-fourths of the sporting or athletic event are
completed.
SECTION 3. Section 37.122, Education Code, is amended by
adding Subsection (a-2) to read as follows:
(a-2) It is a defense to prosecution under this section that
the person possessed the intoxicating beverage:
(1) at a stadium or other athletic facility that is not
on or within 300 feet of a public or private school campus; and
(2) during a sporting or athletic 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-2) to read as follows:
(a-2) This section does not apply to a stadium or athletic
facility leased to a nonprofit or private entity for a sporting or
athletic event as provided by Section 11.180.
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, 2021.