80R7168 MCK-D
 
  By: Dutton H.B. No. 815
 
  Substitute the following for H.B. No. 815:
 
  By:  Jones C.S.H.B. No. 815
 
 
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.  Subtitle A, Title 3, Alcoholic Beverage Code, is
amended by adding Chapter 29A to read as follows:
CHAPTER 29A. ALL-NIGHT HOTEL MIXED BEVERAGE PERMIT
       Sec. 29A.01.  ELIGIBILITY FOR PERMIT. The commission or the
administrator may issue an all-night hotel mixed beverage permit
only to the holder of a mixed beverage permit whose premises are
located in a hotel that has 100 or more guest rooms and provides
regular food service to hotel guests.
       Sec. 29A.02.  AUTHORIZED ACTIVITIES.  (a)  The holder of an
all-night hotel mixed beverage permit may sell mixed beverages only
to a registered guest of the hotel on Sunday between the hours of 1
a.m. and 12 noon and on any other day between the hours of midnight
and 7 a.m.
       (b)  A hotel guest may not pay, in any manner other than as
required by this subsection, for mixed beverages served to the
hotel guest at a time when the service of alcoholic beverages is
restricted to only hotel guests. The permit holder shall bill the
charge for the mixed beverages to the hotel guest's account, and the
guest shall pay the charge along with other hotel charges,
including the charge for using the hotel room, when the hotel guest
ends the guest's stay at the hotel. The hotel shall make its
records available for inspection at the request of the commission.
       Sec. 29A.03.  FEE.  The annual state fee for an all-night
hotel mixed beverage permit is $1,000.
       Sec. 29A.04.  APPLICATION OF PROVISIONS REGULATING MIXED
BEVERAGE PERMITS.  All provisions of this code that apply to a mixed
beverage permit also apply to an all-night hotel mixed beverage
permit.
       SECTION 2.  Section 105.03, Alcoholic Beverage Code, is
amended by adding Subsection (f) to read as follows:
       (f)  The holder of an all-night hotel mixed beverage permit
may sell mixed beverages to a registered guest of the hotel only
between the hours of midnight and 7 a.m. on any day except Sunday.
On Sunday the permit holder may sell mixed beverages to a registered
guest of the hotel only between the hours of 1 a.m. and 12 noon.
       SECTION 3.  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 the person [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 the person [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 who is a registered guest of a hotel may consume
or possess alcoholic beverages in the hotel bar on Sunday between
the hours of 1 a.m. and 12 noon and on any other day between the
hours of midnight and 7 a.m. if the hotel bar holds an all-night
hotel mixed beverage permit.
       SECTION 4.  This Act takes effect September 1, 2007.