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A BILL TO BE ENTITLED
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AN ACT
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relating to the consumption, possession, or sale of an alcoholic |
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beverage at a performing arts facility leased to a nonprofit |
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organization by a school district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 109.33, Alcoholic Beverage Code, is |
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amended by adding Subsection (f-1) to read as follows: |
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(f-1) Subsections (a)(2) and (3) do not apply to a |
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performing arts facility leased to a nonprofit organization under a |
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policy adopted under Section 11.179, Education Code. |
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SECTION 2. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Section 11.179 to read as follows: |
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Sec. 11.179. SALE OF ALCOHOLIC BEVERAGES IN CERTAIN LEASED |
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DISTRICT FACILITIES. (a) The board of trustees of a school |
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district may adopt a policy allowing the consumption, possession, |
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and sale of an alcoholic beverage at an event held at a performing |
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arts facility owned by the district if: |
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(1) the facility is leased to a nonprofit organization |
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for an event not sponsored or sanctioned by the district; and |
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(2) the district is located in a county: |
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(A) that has a population of not more than |
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300,000; and |
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(B) in which a component university of the |
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University of Houston System is located. |
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(b) A lease agreement entered into as provided by Subsection |
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(a) must require that: |
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(1) the event be held outside of regular school hours; |
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and |
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(2) the alcoholic beverages be sold by a person who |
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holds an appropriate retail license or permit under the Alcoholic |
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Beverage Code for the facility. |
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SECTION 3. Section 37.122, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) It is a defense to prosecution under this section that |
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the person possessed the intoxicating beverage: |
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(1) at a performing arts facility; and |
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(2) during an event held outside of regular school |
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hours and not sponsored or sanctioned by a school district. |
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SECTION 4. Section 38.007, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) This section does not apply to a performing arts |
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facility leased to a nonprofit organization for an event as |
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provided by Section 11.179. |
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SECTION 5. The change in law made by this Act to Section |
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37.122, Education Code, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense was committed before that date. |
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SECTION 6. This Act takes effect September 1, 2019. |