Relating to the temporary sale of alcoholic beverages at certain racing facilities.

89(R) HB 3529 - House Committee Report version - Bill Text

89R10135 SCF-F

By: McQueeney, Harless

H.B. No. 3529

A BILL TO BE ENTITLED

AN ACT

relating to the temporary sale of alcoholic beverages at certain

racing facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 28.20(a), (b), (c), (d), (e), and (f),

Alcoholic Beverage Code, as added by Chapter 16 (S.B. 926), Acts of

the 88th Legislature, Regular Session, 2023, are amended to read as

follows:

(a) The holder of a mixed beverage permit may temporarily

sell
distilled spirits,
wine
,
and malt beverages in an area of a

facility with a seating capacity of more than 40,000 that is open to

the public and not otherwise covered by a license or permit during a

motor vehicle racing event sponsored by a professional motor racing

association
or another event held at the racing facility
.

(b) The holder of a mixed beverage permit may, under this

section, sell
distilled spirits,
wine
,
and malt beverages

[
containing alcohol in excess of one-half of one percent by volume

but not more than 17 percent by volume
] for consumption on or off

the premises where sold, but not for resale.

(c) The holder of a mixed beverage permit may temporarily

sell
distilled spirits,
wine
,
and malt beverages for not more than

five consecutive days at an event under this section or six days if

necessary to accommodate the postponement of scheduled [
racing
]

events due to an act of nature.

(d) The holder of a mixed beverage permit who temporarily

sells
distilled spirits,
wine
,
and malt beverages under this

section may not:

(1) [
sell under this section at the facility more than

four times in a calendar year;

[
(2)
] sell alcoholic beverages in factory-sealed

containers;

(2)
[
(3)
] sell more than two drinks to a single

consumer at one time;

[
(4)

sell alcoholic beverages at more than 50 percent

of the food and beverage concession stands that are open for

business at any one time;
] or

(3)
[
(5)
] sell alcoholic beverages after:

(A) 75 percent of the feature race is complete on

the day that race is held; or

(B) one hour before the scheduled completion of

the last spectator event on a day other than the feature race day.

(e) A holder of a mixed beverage permit who sells
distilled

spirits,
wine
,
or malt beverages under that permit in a county other

than the county in which the premises covered by the permit is

located shall:

(1) purchase the beverages from a distributor or

wholesaler authorized under this code to sell the beverages in the

county in which the permit holder sells the beverages under this

section; and

(2) report to the commission, in the manner prescribed

by the commission by rule, the amount of beverages purchased and

sold under this section, by type.

(f) The holder of a mixed beverage permit who temporarily

sells
distilled spirits,
wine
,
and malt beverages under this

section, or any officer, agent, or employee of the permit holder,

may allow a person to:

(1) possess and consume alcoholic beverages brought

onto the premises by the person; and

(2) remove from the premises any alcoholic beverages

brought onto the premises by the person.

SECTION 2. This Act takes effect September 1, 2025.