By West H.B. No. 1077 74R4188 CAG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of the public possession, consumption, 1-3 purchase, or sale of alcoholic beverages on county 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. REGULATION OF ALCOHOLIC BEVERAGES ON COUNTY 1-8 PROPERTY. (a) The commissioners court of a county by order may 1-9 prohibit, limit, or otherwise restrict the sale, purchase, or 1-10 consumption of an alcoholic beverage or the possession of an 1-11 alcoholic beverage in an open container with intent to consume in 1-12 all or any designated part of the public places in the 1-13 unincorporated area of the county. 1-14 (b) The commissioners court of a county may grant a variance 1-15 to the order in specific circumstances if the commissioners court, 1-16 after consideration of public health and safety and the equities of 1-17 the specific circumstances, determines that enforcement of the 1-18 order: 1-19 (1) is not in the best interest of the public; 1-20 (2) constitutes waste or inefficient use of land or 1-21 other resources; 1-22 (3) does not serve its intended purpose; or 1-23 (4) is not effective or necessary. 1-24 (c) For the purposes of an order adopted under this section, 2-1 there is a rebuttable presumption that a person in possession of an 2-2 alcoholic beverage in an open container intends to consume the 2-3 beverage. 2-4 (d) In this section: 2-5 (1) "Possession" means physical possession or actual 2-6 care, custody, control, or management. 2-7 (2) "Public place" means any area, facility, or land 2-8 that the county owns or controls or in which the county has an 2-9 easement, including a public sidewalk, alley, street, highway, 2-10 park, parking lot, pedestrian mall, passageway, tunnel, bridge, or 2-11 skywalk. 2-12 SECTION 2. The importance of this legislation and the 2-13 crowded condition of the calendars in both houses create an 2-14 emergency and an imperative public necessity that the 2-15 constitutional rule requiring bills to be read on three several 2-16 days in each house be suspended, and this rule is hereby suspended, 2-17 and that this Act take effect and be in force from and after its 2-18 passage, and it is so enacted.