Amend CSSB 1355 by adding an appropriately numbered section
as follows and renumbering subsequent sections accordingly:
      SECTION ____.  Section 31.05, Alcoholic Beverage Code, is
amended to read as follows:
      Sec. 31.05.  USE OF PERMIT IN MARINE PARK OR INTERACTIVE
ENTERTAINMENT CENTER.  (a)  In this section:
            (1)  "Marine <,   "marine> park" means an enclosed,
restricted access area of not less than 245 acres nor more than 255
acres in a county with a population of over 950,000, which area
constitutes a facility operated for the education or entertainment
of the public involving the display of live fish, marine animals,
and related aquatic, food service, and amusement activities and
which holds appropriate permits issued by state and federal
regulatory agencies authorizing the keeping of live fish, marine
animals, or endangered species.
            (2)  "Interactive entertainment center" means a retail
premises of at least 20,000 square feet whose primary purpose is
the provision of technology-enabled interactive entertainment,
including but not limited to motion simulation; networked
multisite, multiplayer games; e-mail; or World Wide Web access, and
which also offers retail sales of themed merchandise and food and
beverage sales.
      (b)  The authority to use a caterer's permit in a marine park
or interactive entertainment center is limited to the holders of
those permits who in their operations under their primary mixed
beverage permits do not utilize the privilege granted by Section
11.49(b)(2) of this code to share premises, employees, business
facilities, and services.
      (c)  Holders of caterer's permits meeting the requirements of
Subsection (b) of this section and complying with all other
provisions of this section may utilize their caterer's permits for
indefinite periods anywhere in the marine park or interactive
entertainment center even though the ownership of the buildings and
grounds on which the permit is to be used may be in an entity that,
either directly or by affiliation, has an ownership interest in the
holder of a manufacturer's license, a nonresident seller's permit,
or a brewer's permit <or both>; provided, however, that the caterer
shall not give any preferential treatment to the brand or brands in
which the site owner may have an interest.
      (d)  For purposes of this section, preferential treatment is
any practice by the caterer that, on the basis of information
officially reported to the commission, results in sales of
beverages identifiable with the site owner made by the caterer in
the marine park or interactive entertainment center during a
calendar year that in the aggregate exceed by more than five
percent the aggregate percentage share of the same brand or brands
sold during the prior calendar year within the county in which the
marine park or interactive entertainment center is located;
provided, however, that the computation may exclude sales made on
those occasions when a caterer's permit is used to provide service
for a private party where specific beverages are ordered and the
total charges for those beverages are paid by only one person or
entity.
      (e)  The consideration to be paid by the caterer's permit
holder to the owner or operator of the marine park or interactive
entertainment center for the right to sell alcoholic beverages
therein may not be made dependent to any degree on the sales volume
of any specific brand or brands or on the number of containers of
beverages identified with any particular producer.
      (f)  The willful sharing of employees, business machines, or
services between the holder of the caterer's permit and the owner
of the marine park or interactive entertainment center or any
affiliate of the owner is grounds for immediate revocation of the
authority of the caterer's permit holder to provide service in the
marine park or interactive entertainment center.
      (g)  The commission or administrator may suspend for not more
than 60 days or cancel the primary mixed beverage permit of any
holder of a caterer's permit who violates this section.
      (h)  In the event that a marine park or interactive
entertainment center owner having, either directly or by
affiliation, an ownership interest in the holder of a
manufacturer's license, a nonresident seller's permit, or a
brewer's permit <or both> is found to have violated or to have
conspired with any other permittee or licensee to violate this
section, the commission or administrator may suspend for not more
than 60 days the permit or license or both or may revoke the
authority of any holder of a caterer's permit to provide service in
the marine park or interactive entertainment center.
      (i) Any permittee or licensee whose business or property is
injured by a violation of this section may bring suit in any
district court in the county in which the violation is alleged to
have occurred to require enforcement by injunctive relief or to
recover three times the actual damages incurred or for both
injunctive relief and treble damages. The court in its discretion
may allow the prevailing party its court costs and reasonable and
necessary attorney's fees incurred in the defense or prosecution of
such an action.