H.B. No. 2339
 
 
 
 
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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2339 was passed by the House on April
  23, 2015, by the following vote:  Yeas 139, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2339 was passed by the Senate on May
  20, 2015, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor