By:  Moffat                                            H.B. No. 465
       73R1738 DWS-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to a local option election for the sale of alcoholic
    1-3  beverages in a city or town located in certain counties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 251, Alcoholic Beverage Code, is amended
    1-6  by adding Section 251.011 to read as follows:
    1-7        Sec. 251.011.  ELECTION IN CERTAIN CITIES AND TOWNS.  (a)
    1-8  This section applies only to an incorporated city or town that:
    1-9              (1)  is located in three or more counties, at least one
   1-10  of which has a population of 500,000 or more; and
   1-11              (2)  has within its boundaries all or part of an
   1-12  international airport.
   1-13        (b)  Any election conducted under this chapter in a city or
   1-14  town to which this section applies shall be conducted by the city
   1-15  or town instead of the county.  For the purposes of this section,
   1-16  in Subchapters A, B, and C of this chapter:
   1-17              (1)  a reference to the county is considered to refer
   1-18  to the city or town;
   1-19              (2)  a reference to the commissioners court is
   1-20  considered to refer to the governing body of the city or town;
   1-21              (3)  a reference to the county clerk or registrar of
   1-22  voters is considered to refer to the secretary of the city or town
   1-23  or, if the city or town does not have a secretary, to the person
   1-24  performing the functions of a secretary of the city or town; and
    2-1              (4)  a reference to the county judge is considered to
    2-2  refer to the mayor of the city or town or, if the city or town does
    2-3  not have a mayor, to the presiding officer of the governing body of
    2-4  the city or town.
    2-5        (c)  The city or town shall pay the expense of the election.
    2-6        (d)  An action to contest the election under Section 251.55
    2-7  of this chapter may be brought in the district court of any county
    2-8  in which the city or town is located.
    2-9        SECTION 2.  The importance of this legislation and the
   2-10  crowded condition of the calendars in both houses create an
   2-11  emergency and an imperative public necessity that the
   2-12  constitutional rule requiring bills to be read on three several
   2-13  days in each house be suspended, and this rule is hereby suspended,
   2-14  and that this Act take effect and be in force from and after its
   2-15  passage, and it is so enacted.