H.B. No. 2296
 
 
 
 
AN ACT
  relating to regulation by a municipality of the possession of an
  open container or the public consumption of alcoholic beverages.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 109.35, Alcoholic Beverage Code, is
  amended by amending Subsections (a), (b), and (c) and adding
  Subsection (c-1) to read as follows:
         (a)  If the governing body of a municipality determines that
  the possession of an open container or the public consumption of
  alcoholic beverages in the central business district of the
  municipality is a risk to the health and safety of the citizens of
  the municipality, the governing body may by charter or ordinance
  prohibit [petition for the adoption of an order by the commission
  that prohibits] the possession of an open container or the public
  consumption of alcoholic beverages in that central business
  district.
         (b)  If a municipality prohibits [submits a petition for an
  order of the commission to prohibit] the possession of an open
  container or the public consumption of alcoholic beverages in the
  central business district of the city, the municipality must adopt
  [and attaches to the petition] a map, plat, or diagram showing the
  central business district that is [to be] covered by the
  prohibition[, the commission shall approve and issue the order
  without further consideration unless the commission finds that the
  map, plat, or diagram improperly identifies the central business
  district].
         (c)  The municipality's charter or ordinance [commission's
  order] may not prohibit the possession of an open container or the
  consumption of alcoholic beverages in motor vehicles, buildings not
  owned or controlled by the municipality, residential structures, or
  licensed premises located in the area of prohibition.
         (c-1)  In accordance with Section 1.06, this section does not
  authorize municipal regulation of the possession of an open
  container or the public consumption of alcoholic beverages except
  as expressly provided by this section.
         SECTION 2.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2296 was passed by the House on April
  16, 2015, by the following vote:  Yeas 146, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2296 was passed by the Senate on May
  22, 2015, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor