H.B. No. 2296

	AN ACT
	relating to regulation by a municipality of the possession of an
	open container or the public consumption of alcoholic beverages.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 109.35, Alcoholic Beverage Code, is
	amended by amending Subsections (a), (b), and (c) and adding
	Subsection (c-1) to read as follows:
	(a)  If the governing body of a municipality determines that
	the possession of an open container or the public consumption of
	alcoholic beverages in the central business district of the
	municipality is a risk to the health and safety of the citizens of
	the municipality, the governing body may by charter or ordinance
	prohibit [petition for the adoption of an order by the commission
	that prohibits] the possession of an open container or the public
	consumption of alcoholic beverages in that central business
	district.
	(b)  If a municipality prohibits [submits a petition for an
	order of the commission to prohibit] the possession of an open
	container or the public consumption of alcoholic beverages in the
	central business district of the city, the municipality must adopt
	[and attaches to the petition] a map, plat, or diagram showing the
	central business district that is [to be] covered by the
	prohibition[, the commission shall approve and issue the order
	without further consideration unless the commission finds that the
	map, plat, or diagram improperly identifies the central business
	district].
	(c)  The municipality's charter or ordinance [commission's
	order] may not prohibit the possession of an open container or the
	consumption of alcoholic beverages in motor vehicles, buildings not
	owned or controlled by the municipality, residential structures, or
	licensed premises located in the area of prohibition.
	(c-1)  In accordance with Section 1.06, this section does not
	authorize municipal regulation of the possession of an open
	container or the public consumption of alcoholic beverages except
	as expressly provided by this section.
	SECTION 2.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2296 was passed by the House on April
	16, 2015, by the following vote:  Yeas 146, Nays 0, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2296 was passed by the Senate on May
	22, 2015, by the following vote:  Yeas 30, Nays 1.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor