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Senate Bill 1246 |
Senate Author: Brimer |
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Effective: Vetoed |
House Sponsor: Woolley et al. |
Senate Bill 1246 amends the Alcoholic Beverage Code to require that a local option election be held in certain political subdivisions on the issue of the sale of mixed beverages in restaurants by food and beverage certificate holders if the sale of such beverages is not legal in all or part of the political subdivision. The bill provides that if the issue fails to pass in a municipality located within a county that is subject to the election requirement, the election does not affect the municipality's wet or dry status. The bill authorizes the issuance of a mixed beverage permit to the holder of a private club registration permit with a food and beverage certificate if, before the second anniversary of a local option election, the mixed beverage permit application is approved by the club's members. The state and local fees for such a permit must be based on fees for original and renewal mixed beverage permits, and the security for the permit may not exceed the amount required for a private club permit.
Reason Given for Veto: "Senate Bill No. 1246 would require certain counties and cities that do not currently allow mixed drink sales in restaurants to hold elections to legalize such sales. This is a major departure from the state’s long-time policy of allowing local residents to decide for themselves if they want a liquor election by filing a petition calling for one, rather than having the legislature dictate that an election be held.
"Under our traditional system, residents have the option of petitioning for an election if they want one or to refrain from petitioning if they are satisfied with their local wet or dry status. This bill requires every city or county which meets certain population criteria and which currently does not allow restaurants to sell mixed beverages to hold an election for the legalization of mixed drink sales in restaurants without a petition. This would deprive residents of areas affected by the bill of one of the two protections enjoyed by all other counties to ensure that their wishes for their neighborhood are respected.
"This bill would also affect counties which are not currently large enough to be covered by the bill, but which pass the bill’s population limits in the future, since it requires an election as soon as the city or county passes the population threshold.
"Our current system allows local residents to decide if they want a liquor election. The dual process of petition and election is the best way to ensure that Texans can continue to be in charge of the destiny of their neighborhoods. We should not take this important tool of local control away from them."