By: Smith, et al. (Senate Sponsor - Eltife)	H.B. No. 2339
	(In the Senate - Received from the House April 27, 2015;
	May 4, 2015, read first time and referred to Committee on Business
	and Commerce; May 12, 2015, reported favorably by the following
	vote:  Yeas 7, Nays 0; May 12, 2015, sent to printer.)
Click here to see the committee vote

	A BILL TO BE ENTITLED
	AN ACT
	relating to consumption of alcoholic beverages in public
	entertainment facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 108.82, Alcoholic Beverage Code, is
	amended to read as follows:
	Sec. 108.82.  ALCOHOLIC BEVERAGE CONSUMPTION IN [CERTAIN]
	PUBLIC ENTERTAINMENT FACILITIES.  (a)  This section applies only
	[with respect] to a public entertainment facility:
	(1)  that is a stadium, arena, or other permanent
	structure that is used for sporting events;
	(2)  relating to which an agreement approved by the
	administrator under Section 108.79 is in force[:
	[(A)     located in a county with a population of
	more than 1.6 million;
	[(B)  constructed not later than 1994; and
	[(C)  with a seating capacity of at least 45,000];
	and
	(3) [(2)]  for which all alcoholic beverage permits and
	licenses are held by a single holder [independent concessionaire].
	(b)  Notwithstanding Section 28.10, the [independent]
	concessionaire for a public entertainment facility 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 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)  remains within the confines of the facility,
	excluding a parking lot; and
	(4)  was purchased legally at a licensed or permitted
	premises within the facility.
	SECTION 2.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2015.
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