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R E S O L U T I O N
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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 House |
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Bill 4498, relating to the sale and consumption of alcoholic |
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beverages, to consider and take action on the following 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 follows: |
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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 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 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 on the municipally owned property where the permitted |
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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 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 caterer's |
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permit operating under the permit in an area located on property |
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owned by a municipality that contains a municipally owned |
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conference center and that borders a lake 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 on the municipally owned property where the area is |
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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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Explanation: The added language is necessary to authorize |
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individuals in certain areas of the state to leave the premises of a |
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mixed beverage permit holder or the area in which a holder of a |
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caterer's permit is operating while possessing an open container of |
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alcohol. |