By Berman H.B. No. 880 76R4635 MI-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the advertising of alcoholic beverages on properties 1-3 under the control of and in programs and publications of the Parks 1-4 and Wildlife Department. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 108.02, Alcoholic Beverage Code, is 1-7 amended to read as follows: 1-8 Sec. 108.02. PROHIBITED FORMS OF ADVERTISING. (a) No person 1-9 may advertise an alcoholic beverage or the sale of an alcoholic 1-10 beverage by the employment or use of a sound vehicle or handbill on 1-11 a public street, alley, or highway. 1-12 (b) No person, in any publication, program, Internet page, 1-13 audio, video, or live presentation, or any other communication 1-14 created for and made available to or distributed to the public, 1-15 directly or indirectly, by the Parks and Wildlife Department or by 1-16 any person on behalf of the department, may: 1-17 (1) advertise, refer to, or otherwise promote an 1-18 alcoholic beverage; or 1-19 (2) refer to the sponsorship of any Parks and Wildlife 1-20 Department program, project, or activity using the name of an 1-21 alcoholic beverage. 1-22 SECTION 2. Subchapter B, Chapter 108, Alcoholic Beverage 1-23 Code, is amended by adding Section 108.57 to read as follows: 1-24 Sec. 108.57. AREAS UNDER CONTROL OF OR IN USE BY PARKS AND 2-1 WILDLIFE DEPARTMENT. Outdoor advertising, including billboards, 2-2 electric signs, and advertising placed on or affixed to a bench, is 2-3 not permitted in or on: 2-4 (1) any park, wildlife management area, recreational 2-5 area, natural area, historical area, or other outdoor area or 2-6 facility under the jurisdiction of the Parks and Wildlife 2-7 Department or held by or operated by another person in lieu of or 2-8 for the benefit of the department or of any program, project, or 2-9 activity under the jurisdiction of the department; or 2-10 (2) any other outdoor area or facility that is being 2-11 used for an activity sponsored or facilitated by the department or 2-12 by another person in lieu of or for the benefit of the department 2-13 or of any program, project, or activity under the jurisdiction of 2-14 the department. 2-15 SECTION 3. (a) This Act takes effect September 1, 1999. 2-16 (b) On or after the effective date of this Act, the Parks 2-17 and Wildlife Department may not make available to or distribute to 2-18 the public, directly or indirectly, any communication described by 2-19 and containing material prohibited by Section 108.02(b), Alcoholic 2-20 Beverage Code, as added by this Act. 2-21 SECTION 4. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended.