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.