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  H.B. No. 2196
 
 
 
 
AN ACT
  relating to the sale of alcoholic beverages on certain property
  owned or leased by the Texas State Railroad Authority.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 48.01, Alcoholic Beverage Code, is
  amended to read as follows:
         Sec. 48.01.  AUTHORIZED ACTIVITIES. (a)  The holder of a
  passenger train beverage permit has the same rights with respect to
  the sale of alcoholic beverages on a passenger train to which this
  chapter applies as the holder of an airline beverage permit has with
  respect to the sale of alcoholic beverages on a commercial
  passenger airplane under Section 34.01 [of this code].
         (b)  This subsection applies only to a passenger train
  operated by or on behalf of the Texas State Railroad Authority. An
  alcoholic beverage purchased by a consumer on a passenger train for
  present consumption may be removed from the train for consumption
  on property that is part of a public entertainment facility owned or
  leased by the Texas State Railroad Authority. An alcoholic
  beverage in an open container purchased by a consumer on property
  that is part of a public entertainment facility owned or leased by
  the Texas State Railroad Authority may be consumed on a passenger
  train.
         SECTION 2.  Section 108.73(2), Alcoholic Beverage Code, is
  amended to read as follows:
               (2)  "Public entertainment facility" means an arena,
  stadium, automobile race track, amphitheater, auditorium, theater,
  civic center, convention center, or similar facility that is
  primarily designed and used for live artistic, theatrical,
  cultural, educational, charitable, musical, sporting, nationally
  sanctioned automobile racing, or entertainment events.  The term
  includes a facility that is owned or leased by the Texas State
  Railroad Authority and used as a station for passenger rail
  services. The term also includes a facility that is part of an
  approved venue project, including the venue and related
  infrastructure, as those terms are defined by Section 334.001,
  Local Government Code.  The term does not include a facility the
  primary purpose of which is the sale of food or alcoholic beverages,
  including a bar, nightclub, restaurant, hotel, bowling alley, pool
  hall, or dance hall, or a facility that derives 75 percent or more
  of the facility's annual gross revenue from the on-premise sale of
  alcoholic beverages, except for a facility that is part of an
  approved venue project, including the venue and related
  infrastructure, as those terms are defined by Section 334.001,
  Local Government Code.
         SECTION 3.  Section 108.82, Alcoholic Beverage Code, is
  amended to read as follows:
         Sec. 108.82.  ALCOHOLIC BEVERAGE CONSUMPTION IN PUBLIC
  ENTERTAINMENT FACILITIES. (a)  This section applies only to a
  public entertainment facility:
               (1)  that is owned or leased by the Texas State Railroad
  Authority and used as a station for passenger rail services; or
               (2)  that is a stadium, arena, or other permanent
  structure that is used for sporting events and:[;]
                     (A) [(2)]  relating to which an agreement
  approved by the administrator under Section 108.79 is in force; and
                     (B) [(3)]  for which all alcoholic beverage
  permits and licenses are held by a single holder.
         (b)  Notwithstanding Section 28.10, the concessionaire for a
  public entertainment facility described by Subsection (a) may allow
  a patron who possesses an alcoholic beverage to enter or leave a
  licensed or permitted premises within the facility if the alcoholic
  beverage:
               (1)  is in an open container, as defined by Section
  49.031, Penal Code;
               (2)  appears to be possessed for present consumption;
               (3)  except as provided by Section 48.01(b), remains
  within the confines of the facility, excluding a parking lot; and
               (4)  was purchased legally at a licensed or permitted
  premises within the facility.
         (c)  A license or permit may be issued for a premises located
  in a facility described by Subsection (a)(1) in an area in which the
  sale of alcoholic beverages has not been authorized by a local
  option election if the area has been annexed by a municipality in
  which the sale of alcoholic beverages has been authorized by a local
  option election.  A facility described by this subsection has the
  same local option status as the municipality.
         (d)  For a facility described by Subsection (a)(1), a
  concessionaire under Subsection (b) may include a licensee or
  permittee of the manufacturing tier.
         SECTION 4.  Subchapter C, Chapter 4501, Special District
  Local Laws Code, is amended by adding Section 4501.1021 to read as
  follows:
         Sec. 4501.1021.  SALE OF ALCOHOLIC BEVERAGES ON AUTHORITY
  PROPERTY. The authority may contract with a person for the retail
  sale of alcoholic beverages and a person may sell alcoholic
  beverages at retail on authority property that is used as a station
  for passenger rail services if the person holds or obtains the
  appropriate permit or license authorizing the sale of the alcoholic
  beverages.
         SECTION 5.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2196 was passed by the House on April
  10, 2019, by the following vote:  Yeas 143, Nays 2, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2196 on May 14, 2019, by the following vote:  Yeas 137, Nays 4,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2196 was passed by the Senate, with
  amendments, on May 10, 2019, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor