By:  Bailey                                           H.B. No. 2438
       73R1423 DWS-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to municipal regulation of possession or consumption of
    1-3  alcoholic beverages on or near certain public property.
    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 POSSESSION OR
    1-8  CONSUMPTION.  A municipality by ordinance may prohibit or otherwise
    1-9  regulate the possession or consumption of alcoholic beverages:
   1-10              (1)  on property that the municipality owns, leases, or
   1-11  operates;
   1-12              (2)  on a public street; or
   1-13              (3)  in a public place within 12 feet of a public
   1-14  street.
   1-15        SECTION 2.  This Act takes effect September 1, 1993.
   1-16        SECTION 3.  The importance of this legislation and the
   1-17  crowded condition of the calendars in both houses create an
   1-18  emergency   and   an   imperative   public   necessity   that   the
   1-19  constitutional rule requiring bills to be read on three several
   1-20  days in each house be suspended, and this rule is hereby suspended.