88R3523 KBB-D     By: Meza H.B. No. 827       A BILL TO BE ENTITLED   AN ACT   relating to the county regulation of certain BYOB establishments;   creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 234, Local Government Code, is amended   by adding Subchapter F to read as follows:   SUBCHAPTER F. BYOB ESTABLISHMENTS          Sec. 234.161.  DEFINITIONS. In this subchapter:                (1)  "Alcoholic beverage" has the meaning assigned by   Section 1.04, Alcoholic Beverage Code.                (2)  "BYOB establishment" means an establishment that:                      (A)  is not licensed or permitted to sell   alcoholic beverages by the Texas Alcoholic Beverage Commission; and                      (B)  allows patrons to bring the patrons' own   alcoholic beverages onto the premises of the establishment for   consumption on the premises.                (3)  "Notice of operation" means a notice of operation   of a BYOB establishment required under this subchapter.          Sec. 234.162.  APPLICABILITY. (a)  This subchapter applies   only to a BYOB establishment that:                (1)  operates in the unincorporated area of a county;                (2)  has hours of operation that include operating at   any time during the period after 2:15 a.m. and before 7:00 a.m.; and                (3)  has capacity to allow more than 50 patrons on the   premises of the establishment at the same time.          (b)  This subchapter does not apply to:                (1)  a residence;                (2)  an establishment operated by a governmental   entity;                (3)  a private club regulated by the Texas Alcoholic   Beverage Commission;                (4)  a fraternal or veterans organization, as those   terms are defined by Section 32.11, Alcoholic Beverage Code;                (5)  a college or university; or                (6)  a facility operated by a religious organization   and used for religious purposes.          Sec. 234.163.  REGULATORY AUTHORITY. The commissioners   court of a county by order shall adopt regulations necessary to   implement this subchapter.          Sec. 234.164.  NOTICE OF OPERATION REQUIRED. (a) The   commissioners court of a county by order shall require the owner or   operator of a BYOB establishment in the unincorporated area of the   county to file a notice of operation with the county judge.   Notwithstanding any other law, including Section 109.57(b),   Alcoholic Beverage Code, a BYOB establishment may not operate in   the unincorporated area of the county unless the owner or operator   of the establishment files the notice as required by the order.          (b)  After a notice of operation is filed with the county   judge, the county judge shall send a copy of the notice to the   county health authority, the county fire marshal, and the sheriff.   If there is no county fire marshal in the county, the commissioners   court may designate another person to receive the notice.          Sec. 234.165.  CONTENTS OF NOTICE. The notice of operation:                (1)  must include:                      (A)  the names, addresses, and birth dates of all   persons who have an ownership interest in, or who will manage, the   BYOB establishment;                      (B)  the name and physical address of the   establishment; and                      (C)  the dates and times of operation of the   establishment; and                (2)  may include other information reasonably required   by order of the commissioners court of the county.          Sec. 234.166.  INSPECTIONS; ORDERS. (a) The county health   authority may inspect a BYOB establishment to ensure that the   minimum standards of health and sanitation prescribed by state and   local laws, rules, and orders are being maintained. If the county   health authority determines a violation of the minimum standards is   occurring, the health authority may order the owner or operator of   the BYOB establishment to correct the violation.          (b)  The county fire marshal or the person designated under   Section 234.164(b) may inspect a BYOB establishment during the   establishment's hours of operation to ensure that the minimum   standards for ensuring public fire safety and order as prescribed   by state and local laws, rules, and orders are being maintained. If   the marshal or commissioners court designee determines a violation   of the minimum standards is occurring, the marshal or designee may   order the owner or operator of the BYOB establishment to correct the   violation.          (c)  The sheriff may inspect a BYOB establishment during the   hours of operation of the establishment to ensure that the minimum   standards for ensuring public safety and order prescribed by state   and local laws, rules, and orders are being maintained. If the   sheriff determines a violation of the minimum standards is   occurring, the sheriff may order the owner or operator of the BYOB   establishment to correct the violation.          (d)  The county judge, county fire marshal, or sheriff may   conduct any additional inspections of the BYOB establishment that   the county judge considers necessary.          Sec. 234.167.  DELEGATION OF AUTHORITY OF COUNTY JUDGE. (a)   The county judge of a county may file an order with the   commissioners court of the county delegating to another county   officer an authority of the county judge under this subchapter.          (b)  An order of a county officer acting under the delegated   authority of the county judge under this section has the same effect   as an order of the county judge.          (c)  During the period in which the order delegating   authority is in effect, the county judge may withdraw any authority   delegated under the order.          (d)  The county judge may at any time revoke an order   delegating authority under this section.          Sec. 234.168.  INJUNCTION. The county is entitled to   appropriate injunctive relief to prevent the violation or   threatened violation of an order adopted under this subchapter.          Sec. 234.169.  CRIMINAL PENALTY. (a) A person commits an   offense if the person violates Section 234.164(a) or an order   issued under Section 234.166.          (b)  An offense under this section is a misdemeanor   punishable by a fine of not more than $5,000, confinement in the   county jail for not more than 90 days, or both.          SECTION 2.  This Act takes effect September 1, 2023.