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        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | relating to consumption of alcoholic beverages in public | 
      
        |  | entertainment facilities. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Section 108.82, Alcoholic Beverage Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 108.82.  ALCOHOLIC BEVERAGE CONSUMPTION IN [ CERTAIN] | 
      
        |  | PUBLIC ENTERTAINMENT FACILITIES.  (a)  This section applies only | 
      
        |  | [ with respect] to a public entertainment facility: | 
      
        |  | (1)  that is a stadium, arena, or other permanent | 
      
        |  | structure that is used for sporting events; | 
      
        |  | (2)  relating to which an agreement approved by the | 
      
        |  | administrator under Section 108.79 is in force[ : | 
      
        |  | [ (A)  located in a county with a population of  | 
      
        |  | more than 1.6 million; | 
      
        |  | [ (B)  constructed not later than 1994; and | 
      
        |  | [ (C)  with a seating capacity of at least 45,000]; | 
      
        |  | and | 
      
        |  | (3) [ (2)]  for which all alcoholic beverage permits and | 
      
        |  | licenses are held by a single holder [ independent concessionaire]. | 
      
        |  | (b)  Notwithstanding Section 28.10, the [ independent] | 
      
        |  | 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)  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. | 
      
        |  | SECTION 2.  This Act takes effect immediately if it receives | 
      
        |  | a vote of two-thirds of all the members elected to each house, as | 
      
        |  | provided by Section 39, Article III, Texas Constitution.  If this | 
      
        |  | Act does not receive the vote necessary for immediate effect, this | 
      
        |  | Act takes effect September 1, 2015. |