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AN ACT
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relating to the sale and consumption of alcoholic beverages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 28, Alcoholic Beverage Code, is amended |
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by adding Section 28.101 to read as follows: |
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Sec. 28.101. PUBLIC CONSUMPTION. (a) This section applies |
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only to a mixed beverage permit holder whose premises are located in |
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a municipality that: |
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(1) has a population of less than 15,000; |
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(2) is located in a county with a population of less |
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than 65,000; and |
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(3) contains a historic preservation district that |
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borders a lake. |
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(b) Notwithstanding Section 28.10 or any other law, the |
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holder of a mixed beverage permit whose permitted premises are |
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located on property owned by a municipality that contains a |
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municipally owned conference center and that borders a lake may |
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permit a patron to leave the permitted premises, even though the |
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patron possesses an alcoholic beverage, if: |
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(1) the beverage is in an open container and appears to |
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be possessed for present consumption; and |
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(2) the public consumption of alcoholic beverages or |
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possession of an open container of an alcoholic beverage is not |
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prohibited on the municipally owned property where the permitted |
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premises are located. |
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(c) This section does not affect the prohibition against |
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possessing an open container in a passenger area of a motor vehicle |
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under Section 49.031, Penal Code. |
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SECTION 2. Chapter 31, Alcoholic Beverage Code, is amended |
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by adding Section 31.06 to read as follows: |
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Sec. 31.06. PUBLIC CONSUMPTION. (a) This section applies |
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only to the holder of a caterer's permit operating under the permit |
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in an area in a municipality that: |
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(1) has a population of less than 15,000; |
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(2) is located in a county with a population of less |
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than 65,000; and |
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(3) contains a historic preservation district that |
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borders a lake. |
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(b) Notwithstanding any other law, the holder of a caterer's |
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permit operating under the permit in an area located on property |
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owned by a municipality that contains a municipally owned |
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conference center and that borders a lake may permit a patron to |
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leave the area, even though the patron possesses an alcoholic |
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beverage, if: |
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(1) the beverage is in an open container and appears to |
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be possessed for present consumption; and |
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(2) the public consumption of alcoholic beverages or |
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possession of an open container of an alcoholic beverage is not |
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prohibited on the municipally owned property where the area is |
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located. |
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(c) This section does not affect the prohibition against |
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possessing an open container in a passenger area of a motor vehicle |
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under Section 49.031, Penal Code. |
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SECTION 3. Section 501.035(c), Election Code, is amended to |
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read as follows: |
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(c) In an area where the sale of any type or classification |
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of [all] alcoholic beverages [including mixed beverages] has been |
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legalized, the ballot for a prohibitory election shall be prepared |
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to permit voting for or against the one of the following issues that |
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applies: |
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(1) "The legal sale of beer for off-premise |
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consumption only." |
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(2) "The legal sale of beer." |
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(3) "The legal sale of beer and wine for off-premise |
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consumption only." |
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(4) "The legal sale of beer and wine." |
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(5) "The legal sale of all alcoholic beverages for |
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off-premise consumption only." |
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(6) "The legal sale of all alcoholic beverages except |
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mixed beverages." |
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(7) "The legal sale of all alcoholic beverages |
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including mixed beverages." |
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(8) "The legal sale of mixed beverages." |
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(9) "The legal sale of mixed beverages in restaurants |
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by food and beverage certificate holders only." |
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(10) "The legal sale of wine on the premises of a |
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holder of a winery permit." |
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SECTION 4. Sections 501.035(d), (e), and (f), Election |
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Code, are repealed. |
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SECTION 5. This Act takes effect September 1, 2009. |
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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. 4498 was passed by the House on April |
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22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 4498 on May 23, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 4498 on May 30, 2009, by the following vote: Yeas 145, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4498 was passed by the Senate, with |
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amendments, on May 19, 2009, by the following vote: Yeas 30, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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4498 on May 31, 2009, by the following vote: Yeas 31, 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 |