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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 81st |
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Legislature, Regular Session, 2009, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill No. 4498, relating to the sale and consumption of |
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alcoholic beverages, to consider and take action on the following |
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matter: |
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Senate Rule 12.03(4) is suspended to allow the conference |
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committee to add text on a matter not in dispute to read as |
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follows: |
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SECTION 1. Chapter 28, Alcoholic Beverage Code, is |
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amended by adding Section 28.101 to read as follows: |
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Sec. 28.101. PUBLIC CONSUMPTION. (a) This section |
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applies only to a mixed beverage permit holder whose premises are |
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located in a municipality that: |
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(1) has a population of less than 15,000; |
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(2) is located in a county with a population of less |
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than 65,000; 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 on property owned by a municipality that contains a |
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municipally owned conference center and that borders a lake may |
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permit a patron to leave the permitted premises, even though the |
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patron possesses an alcoholic beverage, if: |
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(1) the beverage is in an open container and appears |
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to be possessed for present consumption; and |
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(2) the public consumption of alcoholic beverages |
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or possession of an open container of an alcoholic beverage is |
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not prohibited on the municipally owned property where the |
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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 |
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vehicle under Section 49.031, Penal Code. |
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SECTION 2. Chapter 31, Alcoholic Beverage Code, is |
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amended by adding Section 31.06 to read as follows: |
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Sec. 31.06. PUBLIC CONSUMPTION. (a) This section |
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applies only to the holder of a caterer's permit operating under |
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the permit in an area in a municipality that: |
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(1) has a population of less than 15,000; |
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(2) is located in a county with a population of less |
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than 65,000; 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 |
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caterer's permit operating under the permit in an area located on |
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property owned by a municipality that contains a municipally |
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owned conference center and that borders a lake may permit a |
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patron to leave the area, even though the patron possesses an |
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alcoholic beverage, if: |
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(1) the beverage is in an open container and appears |
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to be possessed for present consumption; and |
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(2) the public consumption of alcoholic beverages |
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or possession of an open container of an alcoholic beverage is |
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not prohibited on the municipally owned property where the area |
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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 |
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vehicle under Section 49.031, Penal Code. |
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Explanation: The added language is necessary to authorize |
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individuals in certain areas of the state to leave the premises |
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of a mixed beverage permit holder or the area in which a holder of |
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a caterer's permit is operating while possessing an open |
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container of alcohol. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 31, 2009. |
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_______________________________ |
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Secretary of the Senate |