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79R1723 JRJ-F

By:  Nelson                                                       S.B. No. 1638



A BILL TO BE ENTITLED

AN ACT

relating to the prevention of certain gatherings within a 
municipality.     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 109, Alcoholic Beverage 
Code, is amended by adding Section 109.36 to read as follows:
	Sec. 109.36.  CERTAIN HOUSE PARTIES.  (a)  The governing body 
of a municipality may by ordinance prohibit the gathering of five or 
more minors in a private dwelling if:
		(1)  at least one of the minors possesses an alcoholic 
beverage or an illegal drug; and
		(2)  at least five of the minors are not related to the 
owner of the dwelling.
	(b)  The governing body of a municipality may declare a 
gathering described by Subsection (a) a public nuisance.
	(c)  For purposes of the prosecution of an offense under an 
ordinance adopted under this section, the following are admissible 
as evidence and create a presumption that a minor possessed an 
alcoholic beverage or an illegal drug:
		(1)  the odor of an alcoholic beverage near a minor at 
the gathering; or
		(2)  the presence of an illegal drug at the gathering.                 
	(d)  An ordinance adopted under this section must provide 
that it is an affirmative defense to prosecution if the defendant 
attempted to prevent or terminate a gathering described by 
Subsection (a) or gave timely notice to a local law enforcement 
agency of the occurrence of the gathering.
	(e)  An ordinance adopted under this section may not apply to 
the use of an alcoholic beverage as part of a legally protected 
religious observance or activity.
	SECTION 2.  This Act takes effect September 1, 2005.