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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing individuals to leave certain permitted |
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premises and other areas with alcoholic beverages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 28, Alcoholic Beverage Code, is amended |
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by adding Section 28.101 to read as follows: |
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Sec. 28.101. PUBLIC CONSUMPTION. (a) This section applies |
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only to a mixed beverage permit holder whose premises are located in |
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a municipality that: |
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(1) has a population of less than 10,000; |
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(2) is located in a county with a population of less |
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than 50,000; and |
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(3) contains a historic preservation district that |
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borders a lake. |
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(b) Notwithstanding Section 28.10 or any other law, the |
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holder of a mixed beverage permit whose permitted premises are |
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located in a historic preservation district or a historic |
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compatibility district adjacent to a historic preservation |
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district may permit a patron to leave the permitted premises, even |
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though the patron possesses an alcoholic beverage, if: |
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(1) the beverage is in an open container and appears to |
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be possessed for present consumption; and |
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(2) the public consumption of alcoholic beverages or |
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possession of an open container of an alcoholic beverage is not |
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prohibited in the historic preservation district or historic |
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compatibility district where the permitted premises are located. |
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(c) This section does not affect the prohibition against |
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possessing an open container in a passenger area of a motor vehicle |
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under Section 49.031, Penal Code. |
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SECTION 2. Chapter 31, Alcoholic Beverage Code, is amended |
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by adding Section 31.06 to read as follows: |
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Sec. 31.06. PUBLIC CONSUMPTION. (a) This section applies |
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only to the holder of a caterer's permit operating under the permit |
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in an area in a municipality that: |
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(1) has a population of less than 10,000; |
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(2) is located in a county with a population of less |
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than 50,000; and |
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(3) contains a historic preservation district that |
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borders a lake. |
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(b) Notwithstanding any other law, the holder of a caterer's |
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permit operating under the permit in an area located in a historic |
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preservation district or a historic compatibility district |
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adjacent to a historic preservation district may permit a patron to |
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leave the area, even though the patron possesses an alcoholic |
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beverage, if: |
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(1) the beverage is in an open container and appears to |
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be possessed for present consumption; and |
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(2) the public consumption of alcoholic beverages or |
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possession of an open container of an alcoholic beverage is not |
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prohibited in the historic preservation district or historic |
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compatibility district where the area is located. |
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(c) This section does not affect the prohibition against |
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possessing an open container in a passenger area of a motor vehicle |
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under Section 49.031, Penal Code. |
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SECTION 3. This Act takes effect September 1, 2009. |