By Nelson S.B. No. 157 74R1783 CAG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of the public possession of open 1-3 containers of alcoholic beverages by a local government. 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. LOCAL GOVERNMENT REGULATION OF OPEN CONTAINERS. 1-8 (a) To promote public health and safety, the governing body of a 1-9 municipality by ordinance or the commissioners court of a county by 1-10 order may prohibit, limit, or otherwise restrict the consumption of 1-11 an alcoholic beverage or the possession of an alcoholic beverage in 1-12 an open container with intent to consume in all or any designated 1-13 part of the public places in the municipality or the unincorporated 1-14 area of the county. The ordinance or order may not apply to 1-15 premises licensed for on-premise consumption. 1-16 (b) The governing body of a municipality or the 1-17 commissioners court of a county may grant a variance to the 1-18 ordinance or order in specific circumstances if the governing body 1-19 or commissioners court, after consideration of public health and 1-20 safety and the equities of the specific circumstances, determines 1-21 that enforcement of the ordinance or order: 1-22 (1) is not in the best interest of the public; 1-23 (2) constitutes waste or inefficient use of land or 1-24 other resources; 2-1 (3) does not serve its intended purpose; or 2-2 (4) is not effective or necessary. 2-3 (c) For the purposes of an ordinance or order adopted under 2-4 this section, there is a rebuttable presumption that a person in 2-5 possession of an alcoholic beverage in an open container intends to 2-6 consume the beverage. 2-7 (d) In this section: 2-8 (1) "Possession" means physical possession or actual 2-9 care, custody, control, or management. 2-10 (2) "Public place" means any area, facility, or land 2-11 that the municipality or county owns or controls or in which the 2-12 municipality or county has an easement, including a public 2-13 sidewalk, alley, street, highway, park, parking lot, pedestrian 2-14 mall, passageway, tunnel, bridge, or skywalk. 2-15 SECTION 2. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended, 2-20 and that this Act take effect and be in force from and after its 2-21 passage, and it is so enacted.