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.