This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
H.B. No. 833
AN ACT
relating to hours of sale for certain alcoholic beverages in
certain areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 105.03(c) and (d), Alcoholic Beverage
Code, are amended to read as follows:
(c) In a city or county having a population of 800,000
[500,000] or more, according to the last preceding federal census,
or 500,000 or more, according to the 22nd Decennial Census of the
United States, as released by the Bureau of the Census on March 12,
2001, a holder of a mixed beverage late hours permit may also sell
and offer for sale mixed beverages between midnight and 2 a.m. on
any day.
(d) In a city or county other than a city or county described
by Subsection (c) [having a population of less than 500,000,
according to the last preceding federal census], the extended hours
prescribed in Subsection (c) of this section are effective for the
sale of mixed beverages and the offer to sell them by a holder of a
mixed beverages late hours permit:
(1) in the unincorporated areas of the county if the
extended hours are adopted by an order of the commissioners court;
and
(2) in an incorporated city or town if the extended
hours are adopted by an ordinance of the governing body of the city
or town.
SECTION 2. Sections 105.05(c) and (d), Alcoholic Beverage
Code, are amended to read as follows:
(c) In a city or county having a population of 800,000
[500,000] or more, according to the last preceding federal census,
or 500,000 or more, according to the 22nd Decennial Census of the
United States, as released by the Bureau of the Census on March 12,
2001, a holder of a retail dealer's on-premise late hours license
may also sell, offer for sale, and deliver beer between midnight and
2 a.m. on any day.
(d) In a city or county other than a city or county described
by Subsection (c) [having a population of less than 500,000,
according to the last preceding federal census], the extended hours
prescribed in Subsection (c) of this section, or any part of the
extended hours prescribed in Subsection (c) of this section are
effective for the sale, offer to sell, and delivery of beer by a
holder of a retail dealer's on-premise late hours license:
(1) in the unincorporated areas of the county if the
extended hours are adopted by an order of the commissioners court;
and
(2) in an incorporated city or town if the extended
hours are adopted by an ordinance of the governing body of the city
or town.
SECTION 3. The changes in law made by this Act apply only to
the sale of or offer to sell an alcoholic beverage on or after the
effective date of this Act. The sale of or offer to sell an
alcoholic beverage before the effective date of this Act is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 833 was passed by the House on May 9,
2005, by the following vote: Yeas 144, Nays 0, 3 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 833 on May 24, 2005, by the following vote: Yeas 139, Nays 0, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 833 was passed by the Senate, with
amendments, on May 23, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor