By Zbranek                                            H.B. No. 1185
       74R4641 PAM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to procedures for local option elections; authorizing
    1-3  local option elections in county election precincts in certain
    1-4  counties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter A, Chapter 251, Alcoholic Beverage
    1-7  Code, is amended by adding Section 251.001 to read as follows:
    1-8        Sec. 251.001.  ELECTION AREA DEFINED.  In this chapter,
    1-9  "election area" means:
   1-10              (1)  a county;
   1-11              (2)  a justice precinct in a county;
   1-12              (3)  an incorporated city or town in a county; or
   1-13              (4)  a county election precinct in a county with a
   1-14  population of less than 100,000.
   1-15        SECTION 2.  Section 251.01, Alcoholic Beverage Code, is
   1-16  amended to read as follows:
   1-17        Sec. 251.01.  Election to be Held.  On proper petition by the
   1-18  required number of voters of an election area <a county, or of a
   1-19  justice precinct or incorporated city or town in the county>, the
   1-20  commissioners court shall order a local option election in the
   1-21  election area <political subdivision> to determine whether or not
   1-22  the sale of alcoholic beverages of one or more of the various types
   1-23  and alcoholic contents shall be prohibited or legalized in the
   1-24  election area <county, justice precinct, or incorporated city or
    2-1  town>.
    2-2        SECTION 3.  Section 251.03, Alcoholic Beverage Code, is
    2-3  amended to read as follows:
    2-4        Sec. 251.03.  Application for Petition.  If 10 or more
    2-5  qualified voters of any election area <county, justice precinct, or
    2-6  incorporated city or town> file a written application, the county
    2-7  clerk of the county shall issue to the applicants a petition to be
    2-8  circulated among the qualified voters of that election area
    2-9  <political subdivision> for the signatures of those qualified
   2-10  voters in the election area who desire that a local option election
   2-11  be called in that area for the purpose of determining whether the
   2-12  sale of alcoholic beverages of one or more of the various types and
   2-13  alcoholic contents shall be prohibited or legalized in the election
   2-14  area <political subdivision>.
   2-15        SECTION 4.  Section 251.09(a), Alcoholic Beverage Code, is
   2-16  amended to read as follows:
   2-17        (a)  The county clerk shall supply as many copies of the
   2-18  petition as may be required by the applicants but not to exceed
   2-19  more than one page of the petition for every 10 registered voters
   2-20  in the election area <county, justice precinct, or incorporated
   2-21  city or town>.  Each copy shall bear the date, number, and seal on
   2-22  each page as required on the original petition.
   2-23        SECTION 5.  Section 251.10(a), Alcoholic Beverage Code, is
   2-24  amended to read as follows:
   2-25        (a)  The registrar of voters of the county shall check the
   2-26  names of the signers of petitions and the voting precincts in which
   2-27  they reside to determine whether the signers of the petition were
    3-1  qualified voters of the election area <county, justice precinct, or
    3-2  incorporated city or town> at the time the petition was issued.
    3-3  The registrar shall certify to the commissioners court the number
    3-4  of qualified voters signing the petition.
    3-5        SECTION 6.  Section 251.11, Alcoholic Beverage Code, is
    3-6  amended to read as follows:
    3-7        Sec. 251.11.  Requirements to Order Election.  The
    3-8  commissioners court, at its next regular session after the petition
    3-9  is filed, shall order a local option election to be held on the
   3-10  issue set out in the petition if the petition is filed with the
   3-11  registrar of voters not later than 30 days after it is issued and
   3-12  bears in the actual handwriting of the signers the following:
   3-13              (1)  the actual signatures of a number of qualified
   3-14  voters of the election area <political subdivision> equal to 35
   3-15  percent of the votes received <registered voters> in the area for
   3-16  governor in the last preceding general election for that office
   3-17  <subdivision>;
   3-18              (2)  a notation showing the residence address of each
   3-19  of the signers; and
   3-20              (3)  each signer's voter registration certificate
   3-21  number.
   3-22        SECTION 7.  Section 251.17, Alcoholic Beverage Code, is
   3-23  amended to read as follows:
   3-24        Sec. 251.17.  Frequency of Elections.  No local option
   3-25  election on a particular issue may be held in an election area <a
   3-26  political subdivision> until one year has elapsed since the last
   3-27  local option election in that area <subdivision> on that issue.
    4-1        SECTION 8.  Section 251.34(a), Alcoholic Beverage Code, is
    4-2  amended to read as follows:
    4-3        (a)  The election shall be held at a voting place in each
    4-4  regular county election precinct as established by the
    4-5  commissioners court inside the affected territory if the election
    4-6  is for the entire county, <or for> a justice precinct, or a county
    4-7  election precinct.
    4-8        SECTION 9.  Sections 251.40(a) and (b), Alcoholic Beverage
    4-9  Code, are amended to read as follows:
   4-10        (a)  Subject to the limitations set forth in Subsections (b)
   4-11  and (c) <of this section>, the county shall pay the expense of
   4-12  holding a local option election authorized by this code in an
   4-13  election area <the county, justice precinct, or incorporated city
   4-14  or town> in that county, provided, however, that if an election is
   4-15  to be held only within the corporate limits of a city or town
   4-16  located wholly within the county and not elsewhere, the county may
   4-17  require the incorporated city or town to reimburse the county for
   4-18  all or part of the expenses of holding the local option election.
   4-19        (b)  County expense is limited to the holding of one election
   4-20  in each election area <of the political subdivisions> in Subsection
   4-21  (a) <of this section> in a one-year period where the intent of the
   4-22  election is to legalize the sale of alcoholic beverages.  County
   4-23  expense is limited to the holding of one election in each election
   4-24  area <of the political subdivisions> in Subsection (a) <of this
   4-25  section> in a one-year period where the intent of the election is
   4-26  to prohibit the sale of alcoholic beverages.
   4-27        SECTION 10.  Section 251.41(b), Alcoholic Beverage Code, is
    5-1  amended to read as follows:
    5-2        (b)  The deposit must be in the form of a cashier's check in
    5-3  the total amount of 25 cents per voter listed on the current list
    5-4  of registered voters residing in the <county, justice precinct, or
    5-5  incorporated city or town where the> election area <is to be held>.
    5-6        SECTION 11.  Section 251.54, Alcoholic Beverage Code, is
    5-7  amended to read as follows:
    5-8        Sec. 251.54.  Posting Order Prohibiting Sale.  A
    5-9  commissioners court order declaring the result of a local option
   5-10  election and prohibiting the sale of any or all types of alcoholic
   5-11  beverages must be published by posting the order at three public
   5-12  places in the election area <county or other political subdivision>
   5-13  in which the election was held.  The posting of the order shall be
   5-14  recorded in the minutes of the commissioners court by the county
   5-15  judge.  The entry in the minutes or a copy certified under the hand
   5-16  and seal of the county clerk is prima facie evidence of posting.
   5-17        SECTION 12.  Section 251.55(a), Alcoholic Beverage Code, is
   5-18  amended to read as follows:
   5-19        (a)  The enforcement of local option laws in the election
   5-20  area <political subdivision> in which an election is being
   5-21  contested is not suspended during an election contest.
   5-22        SECTION 13.  Section 251.73, Alcoholic Beverage Code, is
   5-23  amended to read as follows:
   5-24        Sec. 251.73.  Prevailing Status:  Resolution of Conflicts.
   5-25  To insure that each voter has the maximum possible control over the
   5-26  status of the sale of alcoholic beverages in the area where he
   5-27  resides:
    6-1              (1)  the status that resulted from or is the result of
    6-2  a duly called election for an incorporated city or town prevails
    6-3  against the status that resulted from or is the result of a duly
    6-4  called election in a justice precinct or county in which the
    6-5  incorporated city or town, or any part of it is contained; <and>
    6-6              (2)  the status that resulted or is the result of a
    6-7  duly called election for a justice precinct prevails against the
    6-8  status that resulted from or is the result of a duly called
    6-9  election in an incorporated city or town in which the justice
   6-10  precinct is wholly contained or in a county in which the justice
   6-11  precinct is located; and
   6-12              (3)  the status that resulted from or is the result of
   6-13  a duly called election for a county election precinct prevails
   6-14  against the status that resulted from or is the result of a duly
   6-15  called election in a county, justice precinct, or incorporated city
   6-16  or town in which the county election precinct or any part of it is
   6-17  contained.
   6-18        SECTION 14.  The importance of this legislation and the
   6-19  crowded condition of the calendars in both houses create an
   6-20  emergency and an imperative public necessity that the
   6-21  constitutional rule requiring bills to be read on three several
   6-22  days in each house be suspended, and this rule is hereby suspended,
   6-23  and that this Act take effect and be in force from and after its
   6-24  passage, and it is so enacted.