By: Delco H.B. No. 260 73R2198 DWS-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to municipal regulation of the public consumption or 1-3 possession of alcoholic beverages. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter C, Chapter 109, Alcoholic Beverage 1-6 Code, is amended by adding Section 109.34 to read as follows: 1-7 Sec. 109.34. MUNICIPAL REGULATION OF OPEN CONTAINERS. (a) 1-8 To promote public health and safety, the governing body of a 1-9 municipality by ordinance may prohibit the consumption of an 1-10 alcoholic beverage or the possession of an alcoholic beverage in an 1-11 open container: 1-12 (1) in a municipal park; or 1-13 (2) on public property in a designated district. 1-14 (b) The governing body may designate one or more districts 1-15 for the purposes of Subsection (a) of this section. The combined 1-16 area of the districts may not be greater than an area equal to two 1-17 percent of the total area within the municipal boundaries. 1-18 (c) The municipality shall post readable, clearly visible 1-19 signs in each designated district that: 1-20 (1) state the prohibitions that apply in the district 1-21 and the corresponding penalties; and 1-22 (2) state that the area is in a designated district 1-23 and that the prohibitions apply only in a designated district. 1-24 (d) The signs required under Subsection (c) of this section 2-1 must be posted on each street, sidewalk, or alley and along the 2-2 boundaries of any other public property in the district at 2-3 intervals not greater than 50 feet. 2-4 (e) An ordinance enacted under this section does not apply 2-5 to premises licensed for on-premise consumption. 2-6 (f) An ordinance enacted under this section may include an 2-7 exemption for special events, including festivals, authorized by 2-8 the governing body. 2-9 (g) In this section, "public property" means any area, 2-10 facility, or land that the municipality owns or controls or in 2-11 which the municipality has an easement, including a public sidewalk 2-12 or street. 2-13 SECTION 2. The importance of this legislation and the 2-14 crowded condition of the calendars in both houses create an 2-15 emergency and an imperative public necessity that the 2-16 constitutional rule requiring bills to be read on three several 2-17 days in each house be suspended, and this rule is hereby suspended, 2-18 and that this Act take effect and be in force from and after its 2-19 passage, and it is so enacted.