| |
|
| |
|
|
By: Smith (Senate Sponsor - Seliger) |
H.B. No. 2296 |
|
|
(In the Senate - Received from the House April 20, 2015; |
|
|
May 4, 2015, read first time and referred to Committee on Business |
|
|
and Commerce; May 15, 2015, reported favorably by the following |
|
|
vote: Yeas 8, Nays 0; May 15, 2015, sent to printer.) |
| Click here to see the committee vote |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
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. |
|
|
|
|
|
* * * * * |