By Giddings H.B. No. 589 74R2170 CAG-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to regulation of the public possession of open containers 1-3 of alcoholic beverages by a home-rule municipality. 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. REGULATION OF OPEN CONTAINERS BY HOME-RULE 1-8 MUNICIPALITIES. (a) To promote public health and safety, the 1-9 governing body of a home-rule municipality by ordinance may 1-10 prohibit, limit, or otherwise restrict in all or any designated 1-11 part of the public places in the municipality the consumption of an 1-12 alcoholic beverage or the possession of an alcoholic beverage in an 1-13 open container with intent to consume. The ordinance may not apply 1-14 to premises licensed for on-premise consumption. 1-15 (b) The governing body may grant a variance to the ordinance 1-16 in specific circumstances if the governing body, after 1-17 consideration of public health and safety and the equities of the 1-18 specific circumstances, determines that enforcement of the 1-19 ordinance: 1-20 (1) is not in the best interest of the public; 1-21 (2) constitutes waste or inefficient use of land or 1-22 other resources; 1-23 (3) does not serve its intended purpose; or 1-24 (4) is not effective or necessary. 2-1 (c) For the purposes of an ordinance adopted under this 2-2 section, there is a rebuttable presumption that a person in 2-3 possession of an alcoholic beverage in an open container intends to 2-4 consume the beverage. 2-5 (d) In this section: 2-6 (1) "Possession" means physical possession or actual 2-7 care, custody, control, or management. 2-8 (2) "Public place" means any area, facility, or land 2-9 that the home-rule municipality owns or controls or in which the 2-10 municipality has an easement. 2-11 SECTION 2. The importance of this legislation and the 2-12 crowded condition of the calendars in both houses create an 2-13 emergency and an imperative public necessity that the 2-14 constitutional rule requiring bills to be read on three several 2-15 days in each house be suspended, and this rule is hereby suspended, 2-16 and that this Act take effect and be in force from and after its 2-17 passage, and it is so enacted.