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A BILL TO BE ENTITLED
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AN ACT
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relating to the definition of a public entertainment facility and |
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the promotion, sponsorship, or advertising of an entertainment |
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event or venue or alcoholic beverage at certain governmentally |
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owned public entertainment facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 108.73(2), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(2) "Public entertainment facility" means an arena, |
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stadium, automobile race track, amphitheater, auditorium, theater, |
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civic center, convention center, or similar facility that is |
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primarily designed and used for live artistic, theatrical, |
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cultural, educational, charitable, musical, sporting, nationally |
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sanctioned automobile racing, or entertainment events. The term |
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includes a facility that is part of an approved venue project, |
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including the venue and related infrastructure, as those terms are |
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defined by Section 334.001, Local Government Code. The term does |
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not include a facility the primary purpose of which is the sale of |
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food or alcoholic beverages, including a bar, nightclub, |
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restaurant, hotel, bowling alley, pool hall, or dance hall, or a |
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facility that derives 75 percent or more of the facility's annual |
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gross revenue from the on-premise sale of alcoholic beverages, |
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except for a facility that is part of an approved venue project, |
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including the venue and related infrastructure, as those terms are |
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defined by Section 334.001, Local Government Code. |
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SECTION 2. Section 108.755(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) Section 108.75 does not restrict or govern the |
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promotion, sponsorship, or advertising of an entertainment event, |
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or the promotion or advertising of an alcoholic beverage brand or |
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product, at a facility that is: |
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(1) owned by a municipality or county that is financed |
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with public securities, the interest on which is exempt from |
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federal income taxation under the Internal Revenue Code of 1986; or |
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(2) part of an approved venue project, including the |
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venue and related infrastructure, as those terms are defined by |
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Section 334.001, Local Government Code. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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* * * * * |