1-1 By: Harris of Tarrant, Harris of Dallas S.B. No. 753 1-2 (In the Senate - Filed March 9, 1993; March 10, 1993, read 1-3 first time and referred to Committee on State Affairs; 1-4 March 17, 1993, reported favorably, as amended, by the following 1-5 vote: Yeas 7, Nays 0; March 17, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Harris of Dallas x 1-9 Rosson x 1-10 Carriker x 1-11 Henderson x 1-12 Leedom x 1-13 Lucio x 1-14 Luna x 1-15 Nelson x 1-16 Patterson x 1-17 Shelley x 1-18 Sibley x 1-19 West x 1-20 Whitmire x 1-21 COMMITTEE AMENDMENT NO. 1 By: Harris of Dallas 1-22 Amend S.B. No. 753 as follows: 1-23 On page 1, line 36, after the word "that", add the following: 1-24 (1) receives a petition requesting a local option 1-25 election to determine whether or not the legal sale of beer and 1-26 wine for off-premise consumption shall be legalized or prohibited; 1-27 A BILL TO BE ENTITLED 1-28 AN ACT 1-29 relating to a local option election for the sale of alcoholic 1-30 beverages in a city or town located in certain counties. 1-31 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-32 SECTION 1. Subchapter A, Chapter 251, Alcoholic Beverage 1-33 Code, is amended by adding Section 251.011 to read as follows: 1-34 Sec. 251.011. ELECTION IN CERTAIN CITIES AND TOWNS. 1-35 (a) This section applies only to an incorporated city or town 1-36 that: 1-37 (1) is located in three or more counties, at least one 1-38 of which has a population of 500,000 or more; and 1-39 (2) has within its boundaries all or part of an 1-40 international airport. 1-41 (b) Any election conducted under this chapter in a city or 1-42 town to which this section applies shall be conducted by the city 1-43 or town instead of the county. For the purposes of this section, 1-44 in Subchapters A, B, and C of this chapter: 1-45 (1) a reference to the county is considered to refer 1-46 to the city or town; 1-47 (2) a reference to the commissioners court is 1-48 considered to refer to the governing body of the city or town; 1-49 (3) a reference to the county clerk or registrar of 1-50 voters is considered to refer to the secretary of the city or town 1-51 or, if the city or town does not have a secretary, to the person 1-52 performing the functions of a secretary of the city or town; and 1-53 (4) a reference to the county judge is considered to 1-54 refer to the mayor of the city or town or, if the city or town does 1-55 not have a mayor, to the presiding officer of the governing body of 1-56 the city or town. 1-57 (c) The city or town shall pay the expense of the election. 1-58 (d) An action to contest the election under Section 251.55 1-59 of this chapter may be brought in the district court of any county 1-60 in which the city or town is located. 1-61 SECTION 2. The importance of this legislation and the 1-62 crowded condition of the calendars in both houses create an 1-63 emergency and an imperative public necessity that the 1-64 constitutional rule requiring bills to be read on three several 1-65 days in each house be suspended, and this rule is hereby suspended, 1-66 and that this Act take effect and be in force from and after its 1-67 passage, and it is so enacted. 1-68 * * * * * 2-1 Austin, 2-2 Texas 2-3 March 17, 1993 2-4 Hon. Bob Bullock 2-5 President of the Senate 2-6 Sir: 2-7 We, your Committee on State Affairs to which was referred S.B. No. 2-8 753, have had the same under consideration, and I am instructed to 2-9 report it back to the Senate with the recommendation that it do 2-10 pass, as amended, and be printed. 2-11 Harris of 2-12 Dallas, Chairman 2-13 * * * * * 2-14 WITNESSES 2-15 No witnesses appeared on S.B. No. 753.