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78R8857 T

By:  Goolsby                                                      H.B. No. 2580



A BILL TO BE ENTITLED

AN ACT

relating to the extended hours of sale for mixed beverages and beer 
in certain counties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsections (c) and (d) of Section 105.03, 
Alcoholic Beverage Code, are amended to read as follows:
	(c)  In a county having a population of 400,000 [500,000] or 
more, according to the last preceding federal census, a holder of a 
mixed beverage late hours permit may also sell and offer for sale 
mixed beverages between midnight and 2 a.m. on any day.
	(d)  In a county having a population of less than 400,000 
[500,000], according to the last preceding federal census, the 
extended hours prescribed in Subsection (c) of this section are 
effective for the sale of mixed beverages and the offer to sell them 
by a holder of a mixed beverage late hours permit:
		(1)  in the unincorporated areas of the county if the 
extended hours are adopted by an order of the commissioners court; 
and
		(2)  in an incorporated city or town if the extended 
hours are adopted by an ordinance of the governing body of the city 
or town.
	SECTION 2.  Subsections (c) and (d) of Section 105.05, 
Alcoholic Beverage Code, are amended to read as follows:
	(c)  In a county having a population of 400,000 [500,000] or 
more, according to the last preceding federal census, a holder of a 
retail dealer's on-premise late hours license may also sell, offer 
for sale, and deliver beer between midnight and 2 a.m. on any day.
	(d)  In a county having a population of less than 400,000 
[500,000], according to the last preceding federal census, the 
extended hours prescribed in Subsection (c) of this section, or any 
part of the extended hours prescribed in Subsection (c) of this 
section are effective for the sale, offer to sell, and delivery of 
beer by a holder of a retail dealer's on-premise late hours license:
		(1)  in the unincorporated areas of the county if the 
extended hours are adopted by an order of the commissioners court; 
and
		(2)  in an incorporated city or town if the extended 
hours are adopted by an ordinance of the governing body of the city 
or town.
	SECTION 3.  This Act takes effect September 1, 2003.