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A BILL TO BE ENTITLED
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AN ACT
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relating to possession of an open container of alcoholic beverages
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in certain areas near a navigable stream. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 109.35, Alcoholic Beverage Code, is |
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amended by adding Subsections (b-1) and (b-2) to read as follows: |
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(b-1) If the governing body of a municipality with a |
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population of less than 100,000 determines that the possession of |
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an open container of alcoholic beverages on any public right-of-way |
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or public easement in the municipality that is not more than 500 |
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feet from a navigable stream is a risk to the health and safety of |
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the residents of the municipality or persons using the navigable |
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stream, the governing body may petition for the adoption of an order |
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by the commission that prohibits the possession of an open |
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container of alcoholic beverages on any public right-of-way or |
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public easement in the municipality that is not more than 500 feet |
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from the navigable stream. |
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(b-2) If a municipality submits a petition for an order of |
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the commission to prohibit the possession of an open container of |
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alcoholic beverages on any public right-of-way or public easement |
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in the municipality that is not more than 500 feet from a navigable |
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stream and attaches to the petition a map, plat, or diagram showing |
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the public rights-of-way and public easements in the municipality |
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that are to be covered by the prohibition, the commission shall |
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approve and issue the order without further consideration unless |
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the commission finds that the map, plat, or diagram improperly |
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identifies the public rights-of-way or public easements in the |
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municipality that are not more than 500 feet from the navigable |
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stream. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |