By: Yarbrough H.B. No. 624
73R3400 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of possession or consumption of
1-3 alcoholic beverages; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22.10, Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 Sec. 22.10. OPENING CONTAINERS AND CONSUMPTION PROHIBITED.
1-8 No person may break or open a container containing liquor or beer,
1-9 <or> possess an opened container of liquor or beer, or consume
1-10 liquor or beer on or at a public place within 300 feet of the
1-11 premises of a package store.
1-12 SECTION 2. Section 24.09, Alcoholic Beverage Code, is
1-13 amended to read as follows:
1-14 Sec. 24.09. OPENING CONTAINERS AND CONSUMPTION PROHIBITED.
1-15 No person may break or open a container of liquor or beer, <or>
1-16 possess an opened container of liquor or beer, or consume liquor or
1-17 beer on or at a public place within 300 feet of the premises of a
1-18 wine only package store.
1-19 SECTION 3. Section 26.05(a), Alcoholic Beverage Code, is
1-20 amended to read as follows:
1-21 (a) Each holder of a wine and beer retailer's off-premise
1-22 permit shall display in a prominent place on his premises a sign
1-23 stating in letters at least two inches high: IT IS A CRIME
1-24 (MISDEMEANOR) TO CONSUME LIQUOR OR BEER ON THESE PREMISES OR AT A
2-1 PUBLIC PLACE WITHIN 300 FEET OF THESE PREMISES. The commission or
2-2 administrator may require the holder of the permit to also display
2-3 the sign in a language other than English if it can be observed or
2-4 determined that a substantial portion of the expected customers
2-5 speak the other language as their familiar language.
2-6 SECTION 4. Section 71.10(a), Alcoholic Beverage Code, is
2-7 amended to read as follows:
2-8 (a) Each holder of a retail dealer's off-premise license
2-9 shall display in a prominent place on his premises a sign stating
2-10 in letters at least two inches high: IT IS A CRIME (MISDEMEANOR)
2-11 TO CONSUME LIQUOR OR BEER ON THESE PREMISES OR AT A PUBLIC PLACE
2-12 WITHIN 300 FEET OF THESE PREMISES.
2-13 SECTION 5. Section 101.72(a), Alcoholic Beverage Code, is
2-14 amended to read as follows:
2-15 (a) A person commits an offense if the person knowingly
2-16 consumes liquor or beer on or at a public place within 300 feet of
2-17 the premises of a holder of a wine and beer retailer's off-premise
2-18 permit or a retail dealer's off-premise license.
2-19 SECTION 6. Subchapter D, Chapter 101, Alcoholic Beverage
2-20 Code, is amended by adding Section 101.75 to read as follows:
2-21 Sec. 101.75. POSSESSION OF OPEN CONTAINER IN CERTAIN AREAS.
2-22 (a) A person commits an offense if the person possesses an open
2-23 container containing an alcoholic beverage on the grounds or at a
2-24 public place within 500 feet of the grounds of an elementary or
2-25 secondary school or playground.
2-26 (b) An offense under this section is a Class C misdemeanor.
2-27 SECTION 7. The changes in law made by this Act apply only to
3-1 an offense committed on or after the effective date of this Act.
3-2 For purposes of this section, an offense was committed before the
3-3 effective date of this Act if any element of the offense occurred
3-4 before that date. An offense committed before the effective date
3-5 of this Act is covered by the law in effect when the offense was
3-6 committed, and the former law is continued in effect for this
3-7 purpose.
3-8 SECTION 8. This Act takes effect September 1, 1993.
3-9 SECTION 9. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.