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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 stadium or athletic facility leased to a nonprofit or |
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private entity 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-2) to read as follows: |
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(f-2) Subsections (a)(2) and (3) do not apply to a stadium |
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or other athletic facility leased to a nonprofit or private entity |
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under a policy adopted under Section 11.180, Education Code. |
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SECTION 2. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Section 11.180 to read as follows: |
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Sec. 11.180. 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 a sporting or athletic event |
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held at a stadium or other athletic facility owned by the district, |
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provided that the facility: |
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(1) is not located on or within 300 feet of a public or |
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private school campus; and |
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(2) is leased to a nonprofit or private entity for |
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purposes of a sporting or athletic event not sponsored or |
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sanctioned by the district. |
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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 sporting or athletic event be held outside of |
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regular school hours; |
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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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(3) the nonprofit or private entity leasing the |
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facility accept all civil and criminal liability arising from |
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providing, selling, or serving an alcoholic beverage at the event; |
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(4) a peace officer be present at the facility at all |
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times during which alcoholic beverages are sold; and |
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(5) the sale of alcoholic beverages cease the earlier |
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of 30 minutes before the end of the sporting or athletic event or |
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after three-fourths of the sporting or athletic event are |
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completed. |
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SECTION 3. Section 37.122, Education Code, is amended by |
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adding Subsection (a-2) to read as follows: |
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(a-2) 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 stadium or other athletic facility that is not |
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on or within 300 feet of a public or private school campus; and |
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(2) during a sporting or athletic event held outside |
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of regular school hours and not sponsored or sanctioned by a school |
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district. |
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SECTION 4. Section 38.007, Education Code, is amended by |
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adding Subsection (a-2) to read as follows: |
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(a-2) This section does not apply to a stadium or athletic |
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facility leased to a nonprofit or private entity for a sporting or |
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athletic event as provided by Section 11.180. |
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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, 2021. |