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A BILL TO BE ENTITLED
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AN ACT
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relating to consumption of alcoholic beverages in certain |
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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: |
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(A) located in a county with a population of more |
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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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(D) [(2)] for which all alcoholic beverage |
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permits and licenses are held by a single independent |
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concessionaire; or |
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(2) that is an arena: |
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(A) located in a county with a population of 2.2 |
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million or more and that is adjacent to a county with a population |
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of more than 600,000; |
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(B) that opened in 2001; |
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(C) with a seating capacity of not more than |
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22,000 on August 1, 2014; and |
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(D) for which alcoholic beverage permits and |
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licenses were held on the opening day of business. |
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(b) Notwithstanding Section 28.10, a [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. |