ALCOHOLIC BEVERAGE CONSUMPTION IN PUBLIC ENTERTAINMENT FACILITIES AND ZONES.

(a) This section applies only to:

(1) a public entertainment facility that is owned or leased by the Texas State Railroad Authority and used as a station for passenger rail services;

(2) a public entertainment facility that is a stadium, arena, or other permanent structure that is used for sporting events and:

(A) relating to which an agreement approved by the administrator under Section 108.79 is in force; and

(B) for which all alcoholic beverage permits and licenses are held by a single holder; or

(3) a public entertainment zone.

(b) Notwithstanding Section 28.10, the concessionaire for a public entertainment facility or a public entertainment zone 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 or zone 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) except as provided by Section 48.04(e), remains within the confines of the facility or zone, excluding a parking lot; and

(4) was purchased legally at a licensed or permitted premises within the facility or zone.

(c) A license or permit may be issued for a premises located in a facility described by Subsection (a)(1) in an area in which the sale of alcoholic beverages has not been authorized by a local option election if the area has been annexed by a municipality in which the sale of alcoholic beverages has been authorized by a local option election. A facility described by this subsection has the same local option status as the municipality.

(d) For a facility described by Subsection (a)(1), a concessionaire under Subsection (b) may include a licensee or permittee of the manufacturing tier.