By De La Garza H.B. No. 2179
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to local option elections held under the Alcoholic
1-3 Beverage Code.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 251.11, Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 Sec. 251.11. Requirements to Order Election. The
1-8 commissioners court, at its next regular session after the petition
1-9 is filed, shall order a local option election to be held on the
1-10 issue set out in the petition if the petition is filed with the
1-11 registrar of voters not later than 30 days after it is issued and
1-12 bears the actual handwriting of the signers the following:
1-13 (1) the actual signatures of qualified voters of the
1-14 political subdivision equal to 35 percent of the registered voters
1-15 in the subdivision; provided, however, petitions calling for
1-16 elections to legalize or prohibit either the legal sale of beer for
1-17 off-premise consumption only, the legal sale of beer, the legal
1-18 sale of beer and wine for off-premise consumption only or the legal
1-19 sale of beer and wine shall require the actual signatures of
1-20 qualified voters of the political subdivision equal to 35 percent
1-21 of the votes cast in the subdivision for governor in the last
1-22 preceding general election for that office;
1-23 (2) a notation showing the residence address of each
2-1 of the signers; and
2-2 (3) each signer's voter registration certificate
2-3 number.
2-4 SECTION 2. Sections 251.40 and 251.41, Alcoholic Beverage
2-5 Code, are amended to read as follows:
2-6 Sec. 251.40. County to Pay Election Expense. (a) Subject
2-7 to the limitations set forth in Subsections (b) and (c) of this
2-8 section, the county shall pay the expense of holding a local option
2-9 election authorized by this code in the county, justice precinct,
2-10 or incorporated city or town in that county, provided, however,
2-11 that if an election is to be held only within the corporate limits
2-12 of a city or town located wholly within the county and not
2-13 elsewhere, the county may require the incorporated city or town to
2-14 reimburse the county for that <all or> part of the expenses of
2-15 holding the local option election not covered by the deposit
2-16 required in Section 251.41 of this code.
2-17 (b) County expense is limited to the holding of one election
2-18 in each of the political subdivisions in Subsection (a) of this
2-19 section in a one-year period where the intent of the election is to
2-20 legalize the sale of alcoholic beverages. County expense is
2-21 limited to the holding of one election in each of the political
2-22 subdivisions in Subsection (a) of this section in a one-year period
2-23 where the intent of the election is to prohibit the sale of
2-24 alcoholic beverages.
2-25 (c) The expense of <All other> local option elections shall
3-1 be paid by the county from funds derived by the county as
3-2 prescribed in Section 251.41 of this code.
3-3 Sec. 251.41. Financing Election. (a) For purposes of
3-4 financing the election and to enable the county to recover its
3-5 expense, <If under Section 251.40 of this code the county is not
3-6 required to pay the cost of the election> the county clerk shall
3-7 require a deposit before the issuance of a petition for a local
3-8 option election.
3-9 (b) The deposit must be in the form of a cashier's check in
3-10 the total amount of 25 cents per voter listed on the current list
3-11 of registered voters residing in the county, justice precinct, or
3-12 incorporated city or town where the election is to be held,
3-13 provided, however, that the minimum required deposit shall be
3-14 $1,500 and the maximum required deposit shall be $15,000.
3-15 (c) The money received shall be deposited in the county's
3-16 general fund. No refund may be made to the applicants regardless
3-17 of whether the petition is returned to the county clerk or the
3-18 election is ordered.
3-19 (d) The county clerk may not issue a petition to the
3-20 applicants unless the deposit is made <, if a deposit is required
3-21 by this code>.
3-22 (e) The applicants who filed the application for petition
3-23 under Sec. 251.03 of this code shall make the deposit required by
3-24 subsection (a) of this section.
3-25 (f) A violation of Subsection (d) of this section is a
4-1 misdemeanor punishable by a fine of not less than $200 nor more
4-2 than $500, or confinement in the county jail for not more than 30
4-3 days, or both.
4-4 SECTION 3. This Act takes effect September 1, 1995.
4-5 SECTION 4. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended.