88R3523 KBB-D
 
  By: Meza H.B. No. 827
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the county regulation of certain BYOB establishments;
  creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 234, Local Government Code, is amended
  by adding Subchapter F to read as follows:
  SUBCHAPTER F. BYOB ESTABLISHMENTS
         Sec. 234.161.  DEFINITIONS. In this subchapter:
               (1)  "Alcoholic beverage" has the meaning assigned by
  Section 1.04, Alcoholic Beverage Code.
               (2)  "BYOB establishment" means an establishment that:
                     (A)  is not licensed or permitted to sell
  alcoholic beverages by the Texas Alcoholic Beverage Commission; and
                     (B)  allows patrons to bring the patrons' own
  alcoholic beverages onto the premises of the establishment for
  consumption on the premises.
               (3)  "Notice of operation" means a notice of operation
  of a BYOB establishment required under this subchapter.
         Sec. 234.162.  APPLICABILITY. (a)  This subchapter applies
  only to a BYOB establishment that:
               (1)  operates in the unincorporated area of a county;
               (2)  has hours of operation that include operating at
  any time during the period after 2:15 a.m. and before 7:00 a.m.; and
               (3)  has capacity to allow more than 50 patrons on the
  premises of the establishment at the same time.
         (b)  This subchapter does not apply to:
               (1)  a residence;
               (2)  an establishment operated by a governmental
  entity;
               (3)  a private club regulated by the Texas Alcoholic
  Beverage Commission;
               (4)  a fraternal or veterans organization, as those
  terms are defined by Section 32.11, Alcoholic Beverage Code;
               (5)  a college or university; or
               (6)  a facility operated by a religious organization
  and used for religious purposes.
         Sec. 234.163.  REGULATORY AUTHORITY. The commissioners
  court of a county by order shall adopt regulations necessary to
  implement this subchapter.
         Sec. 234.164.  NOTICE OF OPERATION REQUIRED. (a) The
  commissioners court of a county by order shall require the owner or
  operator of a BYOB establishment in the unincorporated area of the
  county to file a notice of operation with the county judge.
  Notwithstanding any other law, including Section 109.57(b),
  Alcoholic Beverage Code, a BYOB establishment may not operate in
  the unincorporated area of the county unless the owner or operator
  of the establishment files the notice as required by the order.
         (b)  After a notice of operation is filed with the county
  judge, the county judge shall send a copy of the notice to the
  county health authority, the county fire marshal, and the sheriff.
  If there is no county fire marshal in the county, the commissioners
  court may designate another person to receive the notice.
         Sec. 234.165.  CONTENTS OF NOTICE. The notice of operation:
               (1)  must include:
                     (A)  the names, addresses, and birth dates of all
  persons who have an ownership interest in, or who will manage, the
  BYOB establishment;
                     (B)  the name and physical address of the
  establishment; and
                     (C)  the dates and times of operation of the
  establishment; and
               (2)  may include other information reasonably required
  by order of the commissioners court of the county.
         Sec. 234.166.  INSPECTIONS; ORDERS. (a) The county health
  authority may inspect a BYOB establishment to ensure that the
  minimum standards of health and sanitation prescribed by state and
  local laws, rules, and orders are being maintained. If the county
  health authority determines a violation of the minimum standards is
  occurring, the health authority may order the owner or operator of
  the BYOB establishment to correct the violation.
         (b)  The county fire marshal or the person designated under
  Section 234.164(b) may inspect a BYOB establishment during the
  establishment's hours of operation to ensure that the minimum
  standards for ensuring public fire safety and order as prescribed
  by state and local laws, rules, and orders are being maintained. If
  the marshal or commissioners court designee determines a violation
  of the minimum standards is occurring, the marshal or designee may
  order the owner or operator of the BYOB establishment to correct the
  violation.
         (c)  The sheriff may inspect a BYOB establishment during the
  hours of operation of the establishment to ensure that the minimum
  standards for ensuring public safety and order prescribed by state
  and local laws, rules, and orders are being maintained. If the
  sheriff determines a violation of the minimum standards is
  occurring, the sheriff may order the owner or operator of the BYOB
  establishment to correct the violation.
         (d)  The county judge, county fire marshal, or sheriff may
  conduct any additional inspections of the BYOB establishment that
  the county judge considers necessary.
         Sec. 234.167.  DELEGATION OF AUTHORITY OF COUNTY JUDGE. (a)
  The county judge of a county may file an order with the
  commissioners court of the county delegating to another county
  officer an authority of the county judge under this subchapter.
         (b)  An order of a county officer acting under the delegated
  authority of the county judge under this section has the same effect
  as an order of the county judge.
         (c)  During the period in which the order delegating
  authority is in effect, the county judge may withdraw any authority
  delegated under the order.
         (d)  The county judge may at any time revoke an order
  delegating authority under this section.
         Sec. 234.168.  INJUNCTION. The county is entitled to
  appropriate injunctive relief to prevent the violation or
  threatened violation of an order adopted under this subchapter.
         Sec. 234.169.  CRIMINAL PENALTY. (a) A person commits an
  offense if the person violates Section 234.164(a) or an order
  issued under Section 234.166.
         (b)  An offense under this section is a misdemeanor
  punishable by a fine of not more than $5,000, confinement in the
  county jail for not more than 90 days, or both.
         SECTION 2.  This Act takes effect September 1, 2023.