By:  Wilson                                           H.B. No. 1458
       73R5750 DWS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the availability of condoms on certain premises where
    1-3  alcoholic beverages are sold or served.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter D, Chapter 109, Alcoholic Beverage
    1-6  Code, is amended by adding Section 109.58 to read as follows:
    1-7        Sec. 109.58.  AVAILABILITY OF CONDOMS ON CERTAIN PREMISES.
    1-8  (a)  This section applies only to the holder of:
    1-9              (1)  a private club registration permit or private club
   1-10  late hours permit; and
   1-11              (2)  a permit or license allowing the sale of alcoholic
   1-12  beverages for on-premise consumption if the business operated on
   1-13  the premises covered by the permit or license derives more than 25
   1-14  percent of its gross revenues from the sale of alcoholic beverages.
   1-15        (b)  The commission may require the holder of a permit or
   1-16  license to make condoms available to customers on the premises that
   1-17  are covered by the permit or license.
   1-18        (c)  On the request of a municipality by resolution of the
   1-19  municipality's governing body, the commission shall require the
   1-20  holder of a permit or license covering premises located within the
   1-21  boundaries of the municipality to make condoms available to
   1-22  customers on the premises.
   1-23        SECTION 2.  The importance of this legislation and the
   1-24  crowded condition of the calendars in both houses create an
    2-1  emergency and an imperative public necessity that the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended,
    2-4  and that this Act take effect and be in force from and after its
    2-5  passage, and it is so enacted.