82R267 MCK-D
 
  By: Quintanilla H.B. No. 406
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to local regulation of the possession and consumption of
  alcoholic beverages on certain formerly licensed or permitted
  premises.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 109, Alcoholic Beverage
  Code, is amended by adding Section 109.37 to read as follows:
         Sec. 109.37.  POSSESSION OR CONSUMPTION OF ALCOHOLIC
  BEVERAGES ON CERTAIN PREVIOUSLY LICENSED OR PERMITTED
  PREMISES.  The commissioners court of a county may enact
  regulations applicable in areas in the county outside an
  incorporated city or town, and the governing board of an
  incorporated city or town may enact regulations applicable in the
  city or town, prohibiting the possession or consumption of an
  alcoholic beverage at a location that was previously licensed or
  permitted to sell alcoholic beverages for on-premises consumption
  if the commissioners court or governing board determines the
  license or permit was canceled or not renewed because of ongoing
  criminal activity on the licensed or permitted premises that
  threatened the public health, safety, or welfare.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.