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AN ACT
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relating to consumption of alcoholic beverages in public |
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entertainment facilities and zones. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 108.73, Alcoholic Beverage Code, is |
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amended by adding Subdivision (3-a) to read as follows: |
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(3-a) "Public entertainment zone" means an area of |
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land that: |
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(A) is owned by a municipality with a population |
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of 175,000 or more; |
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(B) is designated as a public entertainment zone |
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by the governing body of a municipality in a formal meeting; and |
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(C) contains a public safety facility. |
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SECTION 2. The heading to Section 108.82, Alcoholic |
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Beverage Code, is amended to read as follows: |
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Sec. 108.82. ALCOHOLIC BEVERAGE CONSUMPTION IN PUBLIC |
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ENTERTAINMENT FACILITIES AND ZONES. |
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SECTION 3. Sections 108.82(a) and (b), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(a) This section applies only to [a public entertainment |
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facility]: |
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(1) a public entertainment facility that is owned or |
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leased by the Texas State Railroad Authority and used as a station |
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for passenger rail services; [or] |
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(2) a public entertainment facility that is a stadium, |
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arena, or other permanent structure that is used for sporting |
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events and: |
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(A) relating to which an agreement approved by |
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the administrator under Section 108.79 is in force; and |
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(B) for which all alcoholic beverage permits and |
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licenses are held by a single holder; or |
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(3) a public entertainment zone. |
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(b) Notwithstanding Section 28.10, the concessionaire for a |
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public entertainment facility or a public entertainment zone |
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described by Subsection (a) may allow a patron who possesses an |
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alcoholic beverage to enter or leave a licensed or permitted |
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premises within the facility or zone if the alcoholic beverage: |
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(1) is in an open container, as defined by Section |
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49.031, Penal Code; |
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(2) appears to be possessed for present consumption; |
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(3) except as provided by Section 48.01(b), remains |
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within the confines of the facility or zone, excluding a parking |
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lot; and |
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(4) was purchased legally at a licensed or permitted |
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premises within the facility or zone. |
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SECTION 4. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2127 was passed by the House on April |
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9, 2021, by the following vote: Yeas 140, Nays 4, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2127 was passed by the Senate on May |
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13, 2021, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |