By: West S.B. No. 98 A BILL TO BE ENTITLED AN ACT 1-1 relating to the consumption of an alcoholic beverage or the 1-2 possession of an alcoholic beverage in a public area. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 109, Subchapter C, Alcoholic Beverage 1-5 Code, is amended by adding Section 109.34 to read as follows: 1-6 Sec. 109.34. MUNICIPAL REGULATION OF OPEN CONTAINERS. 1-7 (a) Notwithstanding any authority granted to the commission by 1-8 this code, the governing body of a municipality by ordinance may 1-9 prohibit, limit, or restrict the consumption of an alcoholic 1-10 beverage or the possession of an alcoholic beverage in an open 1-11 container in all or any designated part of the public places in the 1-12 municipality. The ordinance may not apply to premises licensed or 1-13 permitted for on-premises consumption or to consumption of alcohol 1-14 in motor vehicles. 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 2-1 (4) is not effective or necessary. 2-2 (c) In this section: 2-3 (1) "Possession" means physical possession or actual 2-4 care custody, control, or management. 2-5 (2) "Public place" means any area to which the public 2-6 or a significant segment of the public has general access or any 2-7 area, facility, or land that the municipality owns or controls or 2-8 in which the municipality has an easement, including a public 2-9 sidewalk, alley, street, highway, park, parking lot, pedestrian 2-10 mall, passageway, tunnel, bridge, or skywalk. 2-11 SECTION 2. This act takes effect September 1, 1995. 2-12 SECTION 3. 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.