79R604 MCK-D

By:  Dutton                                                       H.B. No. 428



A BILL TO BE ENTITLED

AN ACT

relating to the hours for selling alcoholic beverages in certain 
establishments.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 105.01(a), Alcoholic Beverage Code, is 
amended to read as follows:
	(a)  Except as provided in Sections 105.02, 105.03, [and] 
105.04, and 105.08 of this code, no person may sell, offer for sale, 
or deliver any liquor:
		(1)  on New Year's Day, Thanksgiving Day, or Christmas 
Day;                 
		(2)  on Sunday; or                                                            
		(3)  before 10 a. m. or after 9 p. m. on any other day.                       
	SECTION 2.  Section 105.06, Alcoholic Beverage Code, is 
amended by amending Subsections (b) and (c) and adding Subsection 
(f) to read as follows:
	(b)  Except as provided by Subsection (f), in [In] a standard 
hours area, a person commits an offense if he consumes or possesses 
with intent to consume an alcoholic beverage in a public place at 
any time on Sunday between 1:15 a. m. and 12 noon or on any other day 
between 12:15 a. m. and 7 a. m.
	(c)  Except as provided by Subsection (f), in [In] an 
extended hours area, a person commits an offense if he consumes or 
possesses with intent to consume an alcoholic beverage in a public 
place at any time on Sunday between 2:15 a. m. and 12 noon and on any 
other day between 2:15 a. m. and 7 a. m.
	(f)  A person may consume or possess alcoholic beverages in a 
hotel bar, as defined by Section 105.08, at any time.
	SECTION 3.  Chapter 105, Alcoholic Beverage Code, is amended 
by adding Section 105.08 to read as follows:
	Sec. 105.08.  HOURS OF SALE; HOTEL BAR.  (a)  In this 
section, "hotel bar" means an establishment that is located in a 
hotel and holds a permit or license providing for the on-premises 
consumption of alcoholic beverages.
	(b)  Notwithstanding any other law, a hotel bar may sell or 
offer for sale alcoholic beverages at any time.
	SECTION 4.  This Act takes effect September 1, 2005.