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A BILL TO BE ENTITLED
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AN ACT
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relating to the temporary sale of alcoholic beverages at certain |
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racing facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 28.20(a), (b), (c), (d), (e), and (f), |
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Alcoholic Beverage Code, as added by Chapter 16 (S.B. 926), Acts of |
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the 88th Legislature, Regular Session, 2023, are amended to read as |
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follows: |
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(a) The holder of a mixed beverage permit may temporarily |
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sell distilled spirits, wine, and malt beverages in an area of a |
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facility with a seating capacity of more than 40,000 that is open to |
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the public and not otherwise covered by a license or permit during a |
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motor vehicle racing event sponsored by a professional motor racing |
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association or another event held at the racing facility. |
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(b) The holder of a mixed beverage permit may, under this |
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section, sell distilled spirits, wine, and malt beverages |
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[containing alcohol in excess of one-half of one percent by volume |
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but not more than 17 percent by volume] for consumption on or off |
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the premises where sold, but not for resale. |
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(c) The holder of a mixed beverage permit may temporarily |
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sell distilled spirits, wine, and malt beverages for not more than |
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five consecutive days at an event under this section or six days if |
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necessary to accommodate the postponement of scheduled [racing] |
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events due to an act of nature. |
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(d) The holder of a mixed beverage permit who temporarily |
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sells distilled spirits, wine, and malt beverages under this |
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section may not: |
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(1) [sell under this section at the facility more than |
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four times in a calendar year; |
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[(2)] sell alcoholic beverages in factory-sealed |
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containers; |
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(2) [(3)] sell more than two drinks to a single |
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consumer at one time; |
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[(4) sell alcoholic beverages at more than 50 percent |
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of the food and beverage concession stands that are open for |
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business at any one time;] or |
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(3) [(5)] sell alcoholic beverages after: |
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(A) 75 percent of the feature race is complete on |
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the day that race is held; or |
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(B) one hour before the scheduled completion of |
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the last spectator event on a day other than the feature race day. |
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(e) A holder of a mixed beverage permit who sells distilled |
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spirits, wine, or malt beverages under that permit in a county other |
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than the county in which the premises covered by the permit is |
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located shall: |
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(1) purchase the beverages from a distributor or |
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wholesaler authorized under this code to sell the beverages in the |
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county in which the permit holder sells the beverages under this |
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section; and |
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(2) report to the commission, in the manner prescribed |
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by the commission by rule, the amount of beverages purchased and |
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sold under this section, by type. |
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(f) The holder of a mixed beverage permit who temporarily |
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sells distilled spirits, wine, and malt beverages under this |
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section, or any officer, agent, or employee of the permit holder, |
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may allow a person to: |
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(1) possess and consume alcoholic beverages brought |
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onto the premises by the person; and |
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(2) remove from the premises any alcoholic beverages |
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brought onto the premises by the person. |
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SECTION 2. This Act takes effect September 1, 2025. |