| 1 | 1 | | 87R757 JAM-F |
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| 2 | 2 | | By: Blanco S.B. No. 1067 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the hours for public consumption of alcoholic |
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| 8 | 8 | | beverages. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 105.06(a), Alcoholic Beverage Code, is |
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| 11 | 11 | | amended by amending Subdivision (2) and adding Subdivision (3) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (2) "Public place" means a place to which the public or |
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| 14 | 14 | | a substantial group of the public has access and includes: |
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| 15 | 15 | | (A) a licensed or permitted premises; and |
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| 16 | 16 | | (B) a street, highway, or park or a common area of |
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| 17 | 17 | | a school, hospital, apartment, office building, transportation |
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| 18 | 18 | | facility, shop, restaurant, or nightclub. |
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| 19 | 19 | | (3) "Standard hours area" means an area which is not an |
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| 20 | 20 | | extended hours area. |
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| 21 | 21 | | SECTION 2. Sections 105.06(a-1), (b), and (c), Alcoholic |
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| 22 | 22 | | Beverage Code, are amended to read as follows: |
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| 23 | 23 | | (a-1) For the purposes of this section, the prohibition on |
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| 24 | 24 | | the consumption of alcoholic beverages during certain hours in a |
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| 25 | 25 | | public place applies to all public places regardless of whether the |
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| 26 | 26 | | public place is a licensed or permitted premises [is a public |
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| 27 | 27 | | place]. |
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| 28 | 28 | | (b) In a standard hours area, a person commits an offense if |
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| 29 | 29 | | the person [he] consumes or possesses with intent to consume an |
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| 30 | 30 | | alcoholic beverage in a public place at any time on Sunday between |
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| 31 | 31 | | 1:15 a.m. and 12 noon or on any other day between 12:15 a.m. and 7 |
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| 32 | 32 | | a.m. |
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| 33 | 33 | | (c) In an extended hours area, a person commits an offense |
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| 34 | 34 | | if the person [he] consumes or possesses with intent to consume an |
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| 35 | 35 | | alcoholic beverage in a public place at any time on Sunday between |
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| 36 | 36 | | 2:15 a.m. and 12 noon and on any other day between 2:15 a.m. and 7 |
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| 37 | 37 | | a.m. |
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| 38 | 38 | | SECTION 3. (a) Section 105.06, Alcoholic Beverage Code, as |
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| 39 | 39 | | amended by this Act, applies only to an offense committed on or |
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| 40 | 40 | | after the effective date of this Act. For the purposes of this |
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| 41 | 41 | | section, an offense is committed before the effective date of this |
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| 42 | 42 | | Act if any element of the offense occurs before that date. |
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| 43 | 43 | | (b) An offense committed before the effective date of this |
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| 44 | 44 | | Act is covered by the law in effect immediately before the effective |
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| 45 | 45 | | date of this Act, and that law is continued in effect for that |
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| 46 | 46 | | purpose. |
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| 47 | 47 | | SECTION 4. This Act takes effect September 1, 2021. |
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