Bill Text: TX HB827 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the county regulation of certain BYOB establishments; creating a criminal offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-04-20 - Left pending in subcommittee [HB827 Detail]

Download: Texas-2023-HB827-Introduced.html

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88R3523 KBB-D
By: Meza H.B. No. 827

A BILL TO BE ENTITLED
AN ACT
relating to the county regulation of certain BYOB establishments;
creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 234, Local Government Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. BYOB ESTABLISHMENTS
Sec. 234.161. DEFINITIONS. In this subchapter:
(1) "Alcoholic beverage" has the meaning assigned by
Section 1.04, Alcoholic Beverage Code.
(2) "BYOB establishment" means an establishment that:
(A) is not licensed or permitted to sell
alcoholic beverages by the Texas Alcoholic Beverage Commission; and
(B) allows patrons to bring the patrons' own
alcoholic beverages onto the premises of the establishment for
consumption on the premises.
(3) "Notice of operation" means a notice of operation
of a BYOB establishment required under this subchapter.
Sec. 234.162. APPLICABILITY. (a) This subchapter applies
only to a BYOB establishment that:
(1) operates in the unincorporated area of a county;
(2) has hours of operation that include operating at
any time during the period after 2:15 a.m. and before 7:00 a.m.; and
(3) has capacity to allow more than 50 patrons on the
premises of the establishment at the same time.
(b) This subchapter does not apply to:
(1) a residence;
(2) an establishment operated by a governmental
entity;
(3) a private club regulated by the Texas Alcoholic
Beverage Commission;
(4) a fraternal or veterans organization, as those
terms are defined by Section 32.11, Alcoholic Beverage Code;
(5) a college or university; or
(6) a facility operated by a religious organization
and used for religious purposes.
Sec. 234.163. REGULATORY AUTHORITY. The commissioners
court of a county by order shall adopt regulations necessary to
implement this subchapter.
Sec. 234.164. NOTICE OF OPERATION REQUIRED. (a) The
commissioners court of a county by order shall require the owner or
operator of a BYOB establishment in the unincorporated area of the
county to file a notice of operation with the county judge.
Notwithstanding any other law, including Section 109.57(b),
Alcoholic Beverage Code, a BYOB establishment may not operate in
the unincorporated area of the county unless the owner or operator
of the establishment files the notice as required by the order.
(b) After a notice of operation is filed with the county
judge, the county judge shall send a copy of the notice to the
county health authority, the county fire marshal, and the sheriff.
If there is no county fire marshal in the county, the commissioners
court may designate another person to receive the notice.
Sec. 234.165. CONTENTS OF NOTICE. The notice of operation:
(1) must include:
(A) the names, addresses, and birth dates of all
persons who have an ownership interest in, or who will manage, the
BYOB establishment;
(B) the name and physical address of the
establishment; and
(C) the dates and times of operation of the
establishment; and
(2) may include other information reasonably required
by order of the commissioners court of the county.
Sec. 234.166. INSPECTIONS; ORDERS. (a) The county health
authority may inspect a BYOB establishment to ensure that the
minimum standards of health and sanitation prescribed by state and
local laws, rules, and orders are being maintained. If the county
health authority determines a violation of the minimum standards is
occurring, the health authority may order the owner or operator of
the BYOB establishment to correct the violation.
(b) The county fire marshal or the person designated under
Section 234.164(b) may inspect a BYOB establishment during the
establishment's hours of operation to ensure that the minimum
standards for ensuring public fire safety and order as prescribed
by state and local laws, rules, and orders are being maintained. If
the marshal or commissioners court designee determines a violation
of the minimum standards is occurring, the marshal or designee may
order the owner or operator of the BYOB establishment to correct the
violation.
(c) The sheriff may inspect a BYOB establishment during the
hours of operation of the establishment to ensure that the minimum
standards for ensuring public safety and order prescribed by state
and local laws, rules, and orders are being maintained. If the
sheriff determines a violation of the minimum standards is
occurring, the sheriff may order the owner or operator of the BYOB
establishment to correct the violation.
(d) The county judge, county fire marshal, or sheriff may
conduct any additional inspections of the BYOB establishment that
the county judge considers necessary.
Sec. 234.167. DELEGATION OF AUTHORITY OF COUNTY JUDGE. (a)
The county judge of a county may file an order with the
commissioners court of the county delegating to another county
officer an authority of the county judge under this subchapter.
(b) An order of a county officer acting under the delegated
authority of the county judge under this section has the same effect
as an order of the county judge.
(c) During the period in which the order delegating
authority is in effect, the county judge may withdraw any authority
delegated under the order.
(d) The county judge may at any time revoke an order
delegating authority under this section.
Sec. 234.168. INJUNCTION. The county is entitled to
appropriate injunctive relief to prevent the violation or
threatened violation of an order adopted under this subchapter.
Sec. 234.169. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates Section 234.164(a) or an order
issued under Section 234.166.
(b) An offense under this section is a misdemeanor
punishable by a fine of not more than $5,000, confinement in the
county jail for not more than 90 days, or both.
SECTION 2. This Act takes effect September 1, 2023.