By: Carriker S.R. No. 1153
73R11960 CAG-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the Senate of the State of Texas, That Rule
1-2 12.03, Rules of the Senate, 73rd Legislature, is suspended, as
1-3 provided by Senate Rule 12.08, to the extent described in this
1-4 resolution, to enable the conference committee appointed to adjust
1-5 the differences between the house and senate versions of H.B. 1445,
1-6 relating to the continuation of the Texas Alcoholic Beverage
1-7 Commission and to the regulation of alcoholic beverages; providing
1-8 penalties, to successfully conclude the committee's deliberations,
1-9 by authorizing the conferees to consider and take action on the
1-10 following specific matters:
1-11 (1) Senate Rule 12.03(3) is suspended to permit the
1-12 committee to add language to the added Section 101.75, Alcoholic
1-13 Beverage Code, concerning the offense of possession of an open
1-14 container of an alcoholic beverage so that Section 101.75 reads as
1-15 follows:
1-16 Sec. 101.75. CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR
1-17 SCHOOLS. (a) A person commits an offense if the person possesses
1-18 an open container or consumes an alcoholic beverage on a public
1-19 street, public alley, or public sidewalk within 600 feet of the
1-20 property line of a facility that the person knows is a public or
1-21 private school that provides all or any part of kindergarten
1-22 through twelfth grade.
1-23 (b) This section does not apply to the possession of an open
1-24 container or the consumption at an event duly authorized by
2-1 appropriate authorities and held in compliance with all other
2-2 applicable provisions of this code.
2-3 (c) An offense under this section is a Class C misdemeanor.
2-4 (d) In this section, "open container" has the meaning
2-5 assigned in Section 109.35.
2-6 Explanation: This change is needed to clarify the authority
2-7 of a municipality to regulate the consumption of alcoholic
2-8 beverages and the possession of open containers within certain
2-9 distances of a public or private school.
2-10 (2) Senate Rule 12.03(3) is suspended to permit the
2-11 committee to add language to the added Section 109.35, Alcoholic
2-12 Beverage Code, concerning the offense of possession of an open
2-13 container of an alcoholic beverage so that Section 109.35 reads as
2-14 follows:
2-15 Sec. 109.35. ORDERS FOR PROHIBITION ON CONSUMPTION. (a) If
2-16 the governing body of a municipality determines that the possession
2-17 of an open container or the public consumption of alcoholic
2-18 beverages in the central business district of the municipality is a
2-19 risk to the health and safety of the citizens of the municipality,
2-20 the governing body may petition for the adoption of an order by the
2-21 commission that prohibits the possession of an open container or
2-22 the public consumption of alcoholic beverages in that central
2-23 business district.
2-24 (b) If a municipality submits a petition for an order of the
2-25 commission to prohibit the possession of an open container or the
2-26 public consumption of alcoholic beverages in the central business
2-27 district of the city and attaches to the petition a map, plat, or
3-1 diagram showing the central business district that is to be covered
3-2 by the prohibition, the commission shall approve and issue the
3-3 order without further consideration unless the commission finds
3-4 that the map, plat, or diagram improperly identifies the central
3-5 business district.
3-6 (c) The commission's order may not prohibit the possession
3-7 of an open container or the consumption of alcoholic beverages in
3-8 motor vehicles, buildings not owned or controlled by the
3-9 municipality, residential structures, or licensed premises located
3-10 in the area of prohibition.
3-11 (d) In this section, "central business district" means a
3-12 compact and contiguous geographical area of a municipality in which
3-13 at least 90 percent of the land is used or zoned for commercial
3-14 purposes and that is the area that has historically been the
3-15 primary location in the municipality where business has been
3-16 transacted.
3-17 (e) In this section, "open container" means a container that
3-18 is no longer sealed.
3-19 Explanation: This change is needed to clarify the authority
3-20 of a municipality to regulate the consumption of alcoholic
3-21 beverages and the possession of open containers within the central
3-22 business district of a municipality.