Bill Text: TX HB2196 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the sale of alcoholic beverages on certain property owned or leased by the Texas State Railroad Authority.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2019-05-25 - Effective on 9/1/19 [HB2196 Detail]
Download: Texas-2019-HB2196-Enrolled.html
H.B. No. 2196 |
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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 [ |
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(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:[ |
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(A) [ |
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approved by the administrator under Section 108.79 is in force; and | ||
(B) [ |
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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 |