Tex. Alcoh. Bev. Code Section 109.36
Consumption of Alcoholic Beverages near Homeless Shelter or Substance Abuse Treatment Center

(a)

In this section:

(1)

“Central business district” means a compact and contiguous geographical area of a municipality used for commercial purposes that has historically been the primary location in the municipality where business has been transacted.

(2)

“Homeless shelter” means a supervised publicly or privately operated shelter or other facility that is designed to provide temporary living accommodations to individuals who lack a fixed regular and adequate residence.

(3)

“Open container” has the meaning assigned by Section 109.35 (Orders for Prohibition on Consumption).

(b)

The commissioners court of a county may enact regulations applicable in areas in the county outside an incorporated city or town, and the governing board of an incorporated city or town may enact regulations applicable in the city or town, prohibiting the possession of an open container or the consumption of an alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a homeless shelter that is not located in a central business district or a substance abuse treatment center that is not located in a central business district.

(c)

If the commissioners court of a county or the governing board of an incorporated city or town enacts a prohibition under Subsection (b), the commissioners court or the governing board may enact regulations allowing special temporary events for which Subsection (b) may be suspended.
Added by Acts 2007, 80th Leg., R.S., Ch. 988 (S.B. 1238), Sec. 1, eff. September 1, 2007.

Source: Section 109.36 — Consumption of Alcoholic Beverages near Homeless Shelter or Substance Abuse Treatment Center, https://statutes.­capitol.­texas.­gov/Docs/AL/htm/AL.­109.­htm#109.­36 (accessed Apr. 29, 2024).

109.01
Sale of Salvaged or Insured Loss 109.02
Registration of Beverages with Commission 109.03
Prerequisite to Salability 109.04
Sale of Malt Beverages: Procedure 109.05
Sale of Liquor: Procedure 109.06
Purchaser’s Right to Use Beverages 109.07
Salvor May Reject Bid 109.08
Exclusion 109.09
Removal, Destruction, and Disposal of Uninsured Beverages Unfit for Consumption 109.21
Home Production of Wine or Malt Beverages 109.22
Delivery of Home-produced Wine or Malt Beverages for Certain Purposes 109.31
Municipal Regulation of Liquor 109.32
Municipal and County Regulation of Malt Beverages 109.33
Sales near School, Church, or Hospital 109.35
Orders for Prohibition on Consumption 109.36
Consumption of Alcoholic Beverages near Homeless Shelter or Substance Abuse Treatment Center 109.51
Sacramental Wine 109.52
Warehouse Receipts 109.53
Citizenship of Permittee 109.54
Festivals and Civic Celebrations 109.55
Certificate 109.56
Conviction of Offense Relating to Discrimination 109.57
Application of Code 109.58
Relaxation of Restrictions as to Charitable Events 109.59
Application of Distance Requirements 109.60
Purchases by Certain Permitees 109.61
Use of Certain Electronically Readable Information 109.62
Temporary Relocation of Distributor or Wholesaler During Emergency 109.63
Bulk Transfers Between Certain Permittees and Licensees 109.64
Bulk Purchase for Industrial Use 109.331
Sales near Day-care Center or Child-care Facility 109.531
Additional Requirements for Application or Renewal of Permit, License, or Certificate by Out-of-state Residents 109.532
Criminal History Background Checks 109.541
Tastings at Certain Festivals and Civic Celebrations
Green check means up to date. Up to date

Accessed:
Apr. 29, 2024

§ 109.36’s source at texas​.gov