By Brimer                                             H.B. No. 1193
         77R920 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to possession and consumption of an alcoholic beverage on
 1-3     premises that are licensed or permitted under the Alcoholic
 1-4     Beverage Code and located in certain public facilities.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter D, Chapter 109, Alcoholic Beverage
 1-7     Code, is amended by adding Section 109.61 to read as follows:
 1-8           Sec. 109.61.  POSSESSION AND CONSUMPTION OF ALCOHOLIC
 1-9     BEVERAGES ON PREMISES LOCATED IN CERTAIN PUBLIC FACILITIES. (a)
1-10     Except as provided by Subsection (b), a person holding a license or
1-11     permit authorizing the sale of alcoholic beverages for on-premises
1-12     consumption shall allow a person to bring an alcoholic beverage
1-13     onto the licensed or permitted premises and consume the beverage on
1-14     the premises if the premises are located in a facility open to the
1-15     general public where:
1-16                 (1)  automobile racing events are held; and
1-17                 (2)  members of the general public are allowed to bring
1-18     in  and consume alcoholic beverages.
1-19           (b)  A person is not required to allow a person to bring an
1-20     alcoholic beverage onto licensed or permitted premises or to
1-21     consume the beverage on the premises if the alcoholic beverage is a
1-22     type that is not allowed:
1-23                 (1)  in the facility where the premises are located; or
1-24                 (2)  under the terms of the license or permit covering
 2-1     the premises.
 2-2           (c)  The commission may adopt rules as necessary to implement
 2-3     this section.
 2-4           SECTION 2.  This Act takes effect September 1, 2001.