| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to authorizing individuals to leave certain permitted |
|
|
premises with alcoholic beverages. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 28, Alcoholic Beverage Code, is amended |
|
|
by adding Section 28.101 to read as follows: |
|
|
Sec. 28.101. PUBLIC CONSUMPTION. (a) This section applies |
|
|
only to a mixed beverage permit holder whose premises are located in |
|
|
a municipality that: |
|
|
(1) has a population of less than 10,000; |
|
|
(2) is located in a county with a population of less |
|
|
than 50,000; and |
|
|
(3) contains a historic preservation district that |
|
|
borders a lake. |
|
|
(b) Notwithstanding Section 28.10 or any other law, the |
|
|
holder of a mixed beverage permit whose permitted premises are |
|
|
located in a historic preservation district or a historic |
|
|
compatibility district adjacent to a historic preservation |
|
|
district may permit a patron to leave the permitted premises, even |
|
|
though the patron possesses an alcoholic beverage, if: |
|
|
(1) the beverage is in an open container and appears to |
|
|
be possessed for present consumption; and |
|
|
(2) the public consumption of alcoholic beverages or |
|
|
possession of an open container of an alcoholic beverage is not |
|
|
prohibited in the historic preservation district or historic |
|
|
compatibility district where the permitted premises are located. |
|
|
SECTION 2. This Act takes effect September 1, 2009. |