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.