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.