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AN ACT
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relating to consumption of alcoholic beverages in public |
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entertainment facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 108.82, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 108.82. ALCOHOLIC BEVERAGE CONSUMPTION IN [CERTAIN] |
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PUBLIC ENTERTAINMENT FACILITIES. (a) This section applies only |
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[with respect] to a public entertainment facility: |
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(1) that is a stadium, arena, or other permanent |
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structure that is used for sporting events; |
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(2) relating to which an agreement approved by the |
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administrator under Section 108.79 is in force[:
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[(A)
located in a county with a population of
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more than 1.6 million;
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[(B) constructed not later than 1994; and
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[(C) with a seating capacity of at least 45,000]; |
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and |
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(3) [(2)] for which all alcoholic beverage permits and |
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licenses are held by a single holder [independent concessionaire]. |
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(b) Notwithstanding Section 28.10, the [independent] |
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concessionaire for a public entertainment facility described by |
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Subsection (a) may allow a patron who possesses an alcoholic |
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beverage to enter or leave a licensed or permitted premises within |
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the facility if the alcoholic beverage: |
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(1) is in an open container, as defined by Section |
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49.031, Penal Code; |
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(2) appears to be possessed for present consumption; |
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(3) remains within the confines of the facility, |
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excluding a parking lot; and |
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(4) was purchased legally at a licensed or permitted |
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premises within the facility. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2339 was passed by the House on April |
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23, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2339 was passed by the Senate on May |
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20, 2015, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |