84R12791 JAM-D
 
  By: Villalba H.B. No. 367
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to consumption of alcoholic beverages in certain
  entertainment facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 108.82, Alcoholic Beverage Code, is
  amended to read as follows:
         Sec. 108.82.  ALCOHOLIC BEVERAGE CONSUMPTION IN CERTAIN
  PUBLIC ENTERTAINMENT FACILITIES. (a) This section applies only
  with respect to a public entertainment facility:
               (1)  that is a stadium:
                     (A)  located in a county with a population of more
  than 1.6 million;
                     (B)  constructed not later than 1994; [and]
                     (C)  with a seating capacity of at least 45,000;
  and
                     (D) [(2)]  for which all alcoholic beverage
  permits and licenses are held by a single independent
  concessionaire; or
               (2)  that is an arena:
                     (A)  located in a county with a population of 2.2
  million or more and that is adjacent to a county with a population
  of more than 600,000;
                     (B)  that opened in 2001; 
                     (C)  with a seating capacity of not more than
  22,000 on August 1, 2014; and
                     (D)  for which alcoholic beverage permits and
  licenses were held on the opening day of business.
         (b)  Notwithstanding Section 28.10, an [the] independent
  concessionaire for a public entertainment facility described by
  Subsection (a) may allow a patron who possesses an alcoholic
  beverage to enter or leave a licensed or permitted premises within
  the facility if the alcoholic beverage:
               (1)  is in an open container, as defined by Section
  49.031, Penal Code;
               (2)  appears to be possessed for present consumption;
               (3)  remains within the confines of the facility,
  excluding a parking lot; and
               (4)  was purchased legally at a licensed or permitted
  premises within the facility.
         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, 2015.