Bill Text: TX HB2633 | 2019-2020 | 86th Legislature | Enrolled

Texas House Bill 2633 (Prior Session Legislation)

Bill Title: Relating to the consumption, possession, or sale of an alcoholic beverage at a performing arts facility leased to a nonprofit organization by a school district.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB2633 Detail]

Download: Texas-2019-HB2633-Enrolled.html



	H.B. No. 2633




	AN ACT
	relating to the consumption, possession, or sale of an alcoholic
	beverage at a performing arts facility leased to a nonprofit
	organization by a school district.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 109.33, Alcoholic Beverage Code, is
	amended by adding Subsection (f-1) to read as follows:
	(f-1) Subsections (a)(2) and (3) do not apply to a
	performing arts facility leased to a nonprofit organization under a
	policy adopted under Section 11.179, Education Code.
	SECTION 2. Subchapter D, Chapter 11, Education Code, is
	amended by adding Section 11.179 to read as follows:
	Sec. 11.179. SALE OF ALCOHOLIC BEVERAGES IN CERTAIN LEASED
	DISTRICT FACILITIES. (a) The board of trustees of a school
	district may adopt a policy allowing the consumption, possession,
	and sale of an alcoholic beverage at an event held at a performing
	arts facility owned by the district if:
	(1) the facility is leased to a nonprofit organization
	for an event not sponsored or sanctioned by the district; and
	(2) the district is located in a county:
	(A) that has a population of not more than
	300,000; and
	(B) in which a component university of the
	University of Houston System is located.
	(b) A lease agreement entered into as provided by Subsection
	(a) must require that:
	(1) the event be held outside of regular school hours;
	and
	(2) the alcoholic beverages be sold by a person who
	holds an appropriate retail license or permit under the Alcoholic
	Beverage Code for the facility.
	SECTION 3. Section 37.122, Education Code, is amended by
	adding Subsection (a-1) to read as follows:
	(a-1) It is a defense to prosecution under this section that
	the person possessed the intoxicating beverage:
	(1) at a performing arts facility; and
	(2) during an event held outside of regular school
	hours and not sponsored or sanctioned by a school district.
	SECTION 4. Section 38.007, Education Code, is amended by
	adding Subsection (a-1) to read as follows:
	(a-1) This section does not apply to a performing arts
	facility leased to a nonprofit organization for an event as
	provided by Section 11.179.
	SECTION 5. The change in law made by this Act to Section
	37.122, Education Code, applies only to an offense committed on or
	after the effective date of this Act. An offense committed before
	the effective date of this Act is governed by the law in effect on
	the date the offense was committed, and the former law is continued
	in effect for that purpose. For purposes of this section, an
	offense was committed before the effective date of this Act if any
	element of the offense was committed before that date.
	SECTION 6. This Act takes effect September 1, 2019.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 2633 was passed by the House on April
	18, 2019, by the following vote: Yeas 144, Nays 3, 2 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 2633 was passed by the Senate on May
	22, 2019, by the following vote: Yeas 30, Nays 1.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor