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AN ACT
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relating to regulation by a municipality of the possession of an |
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open container or the public 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. Section 109.35, Alcoholic Beverage Code, is |
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amended by amending Subsections (a), (b), and (c) and adding |
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Subsection (c-1) to read as follows: |
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(a) If the governing body of a municipality determines that |
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the possession of an open container or the public consumption of |
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alcoholic beverages in the central business district of the |
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municipality is a risk to the health and safety of the citizens of |
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the municipality, the governing body may by charter or ordinance |
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prohibit [petition for the adoption of an order by the commission
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that prohibits] the possession of an open container or the public |
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consumption of alcoholic beverages in that central business |
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district. |
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(b) If a municipality prohibits [submits a petition for an
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order of the commission to prohibit] the possession of an open |
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container or the public consumption of alcoholic beverages in the |
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central business district of the city, the municipality must adopt |
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[and attaches to the petition] a map, plat, or diagram showing the |
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central business district that is [to be] covered by the |
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prohibition[, the commission shall approve and issue the order
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without further consideration unless the commission finds that the
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map, plat, or diagram improperly identifies the central business
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district]. |
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(c) The municipality's charter or ordinance [commission's
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order] may not prohibit the possession of an open container or the |
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consumption of alcoholic beverages in motor vehicles, buildings not |
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owned or controlled by the municipality, residential structures, or |
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licensed premises located in the area of prohibition. |
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(c-1) In accordance with Section 1.06, this section does not |
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authorize municipal regulation of the possession of an open |
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container or the public consumption of alcoholic beverages except |
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as expressly provided by this section. |
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SECTION 2. This Act takes effect September 1, 2015. |
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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. 2296 was passed by the House on April |
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16, 2015, by the following vote: Yeas 146, Nays 0, 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. 2296 was passed by the Senate on May |
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22, 2015, by the following vote: Yeas 30, Nays 1. |
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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 |