(a) The board of trustees of a school district may adopt a policy allowing the consumption, possession, and sale of an alcoholic beverage at an event held at a performing arts facility owned by the district if:
(1) the facility is leased to a nonprofit organization for an event not sponsored or sanctioned by the district; and
(2) either the board of trustees of the district had authority to adopt a policy under this section on or before January 1, 2025, or the district is located in:
(A) a county:
(i) that has a population of not more than 300,000; and
(ii) in which a component university of the University of Houston System is located; or
(B) a county in which is located a facility described by Subdivision (1) within two miles of two or more stadiums with a capacity of at least 40,000 people.
(b) A lease agreement entered into as provided by Subsection (a) must require that:
(1) the event be held outside of regular school hours; and
(2) the alcoholic beverages be sold by a person who holds an appropriate retail license or permit under the Alcoholic Beverage Code for the facility.