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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 83(R)

House Bill 2818

House Author:  Sheffield, Ralph

Effective:  9-1-13

Senate Sponsor:  Carona


            House Bill 2818 amends the Alcoholic Beverage Code to authorize a wine and beer retailer's permit, a retail dealer's on-premise license, or a retail dealer's on-premise late hours license to be issued for a premises with a food and beverage certificate in an area in which the voters have approved both the legal sale of beer and wine for off-premise consumption only and the legal sale of mixed beverages in a local option election.

            House Bill 2818 requires a local option election on the sale of alcoholic beverages held in a justice precinct to be held in the territory comprising the justice precinct at the time of the election.  The bill also clarifies the conditions under which the local option status may change based on a change to the boundaries of the justice precinct. The bill removes a provision requiring the commissioners court to define the boundaries of the original precinct for the purposes of a local option election if the boundaries of a justice precinct changed since the wet or dry status was established and repeals a provision applying Election Code provisions relating to county payment of local option election expenses to elections held within the original boundaries of a changed justice precinct.

House Bill 2818 requires a newly created precinct, for the purposes of a local option election, to be considered to have not held a local option election on the sale of alcoholic beverages and specifies that any local option status established in the territory comprising the new justice precinct that resulted from a local option election held in the territory when the territory was part of another justice precinct remains in effect until that status is changed by a local option election held in the new justice precinct.