Bill Text: TX HB2633 | 2019-2020 | 86th Legislature | Enrolled
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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB2633 Detail]
Download: Texas-2019-HB2633-Enrolled.html
| H.B. No. 2633 | ||
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| 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 | ||
