Sec. 28.101. PUBLIC CONSUMPTION. (a) This section applies only to a mixed beverage permit holder whose premises are located in a municipality that:
(1) has a population of less than 15,000;
(2) is located in a county with a population of less than 65,000; and
(3) contains a historic preservation district that borders a lake.
(b) Notwithstanding Section 28.10 or any other law, the holder of a mixed beverage permit whose permitted premises are located on property owned by a municipality that contains a municipally owned conference center and that borders a lake may permit a patron to leave the permitted premises, even though the patron possesses an alcoholic beverage, if:
(1) the beverage is in an open container and appears to be possessed for present consumption; and
(2) the public consumption of alcoholic beverages or possession of an open container of an alcoholic beverage is not prohibited on the municipally owned property where the permitted premises are located.
(c) This section does not affect the prohibition against possessing an open container in a passenger area of a motor vehicle under Section 49.031, Penal Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1045 (H.B. 4498), Sec. 1, eff. September 1, 2009.
Structure Texas Statutes
Title 3 - Licenses and Permits
Chapter 28 - Mixed Beverage Permit
Section 28.01. Authorized Activities
Section 28.03. Information Required of Applicants
Section 28.04. Change in Corporate Control
Section 28.05. Renewal of Permit by Descendant or Surviving Spouse
Section 28.06. Possession of Alcoholic Beverage Not Covered by Invoice
Section 28.07. Purchase and Transportation of Alcoholic Beverages
Section 28.08. Refilling Containers Prohibited
Section 28.081. Substitution of Brand Without Consent of Consumer Prohibited
Section 28.09. Invalidation of Stamp
Section 28.10. Consumption Restricted to Premises; Exceptions
Section 28.1001. Pickup and Delivery of Alcoholic Beverages for Off-Premises Consumption
Section 28.101. Public Consumption
Section 28.11. Breach of Peace
Section 28.12. Sale of Malt Beverages to Permittee
Section 28.14. Merger or Consolidation of Corporations Holding Mixed Beverage Permits
Section 28.151. Possession of Certain Stamps
Section 28.16. Permit Ineligibility
Section 28.17. Summary Suspension