By:  Rosson                                           S.B. No. 1006
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to local option elections held under the Alcoholic
    1-2  Beverage Code.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 251.11, Alcoholic Beverage Code, is
    1-5  amended to read as follows:
    1-6        Sec. 251.11.  Requirements to Order Election.  The
    1-7  commissioners court, at its next regular session after the petition
    1-8  is filed, shall order a local option election to be held on the
    1-9  issue set out in the petition if the petition is filed with the
   1-10  registrar of voters not later than 30 days after it is issued and
   1-11  bears the actual handwriting of the signers the following:
   1-12              (1)  the actual signatures of qualified voters of the
   1-13  political subdivision equal to 35 percent of the registered voters
   1-14  in the subdivision; provided, however, petitions calling for
   1-15  elections to legalize or prohibit either the legal sale of beer for
   1-16  off-premise consumption only, the legal sale of beer, the legal
   1-17  sale of beer and wine for off-premise consumption only or the legal
   1-18  sale of beer and wine shall require the actual signatures of
   1-19  qualified voters of the political subdivision equal to 35 percent
   1-20  of the votes cast in the subdivision for governor in the last
   1-21  preceding general election for that office;
   1-22              (2)  a notation showing the residence address of each
   1-23  of the signers; and
    2-1              (3)  each signer's voter registration certificate
    2-2  number.
    2-3        SECTION 2.  Sections 251.40 and 251.41, Alcoholic Beverage
    2-4  Code, are amended to read as follows:
    2-5        Sec. 251.40.  County to Pay Election Expense.  (a)  Subject
    2-6  to the limitations set forth in Subsections (b) and (c) of this
    2-7  section, the county shall pay the expense of holding a local option
    2-8  election authorized by this code in the county, justice precinct,
    2-9  or incorporated city or town in that county, provided, however,
   2-10  that if an election is to be held only within the corporate limits
   2-11  of a city or town located wholly within the county and not
   2-12  elsewhere, the county may require the incorporated city or town to
   2-13  reimburse the county for that <all or> part of the expenses of
   2-14  holding the local option election not covered by the deposit
   2-15  required in Section 251.41 of this code.
   2-16        (b)  County expense is limited to the holding of one election
   2-17  in each of the political subdivisions in Subsection (a) of this
   2-18  section in a one-year period where the intent of the election is to
   2-19  legalize the sale of alcoholic beverages.  County expense is
   2-20  limited to the holding of one election in each of the political
   2-21  subdivisions in Subsection (a) of this section in a one-year period
   2-22  where the intent of the election is to prohibit the sale of
   2-23  alcoholic beverages.
   2-24        (c)  The expense of <All other> local option elections shall
   2-25  be paid by the county from funds derived by the county as
    3-1  prescribed in Section 251.41 of this code.
    3-2        Sec. 251.41.  Financing Election.  (a)  For purposes of
    3-3  financing the election and to enable the county to recover its
    3-4  expense, <If under Section 251.40 of this code the county is not
    3-5  required to pay the cost of the election> the county clerk shall
    3-6  require a deposit before the issuance of a petition for a local
    3-7  option election.
    3-8        (b)  The deposit must be in the form of a cashier's check in
    3-9  the total amount of 25 cents per voter listed on the current list
   3-10  of registered voters residing in the county, justice precinct, or
   3-11  incorporated city or town where the election is to be held,
   3-12  provided, however, that the minimum required deposit shall be
   3-13  $1,500 and the maximum required deposit shall be $15,000.
   3-14        (c)  The money received shall be deposited in the county's
   3-15  general fund.  No refund may be made to the applicants regardless
   3-16  of whether the petition is returned to the county clerk or the
   3-17  election is ordered.
   3-18        (d)  The county clerk may not issue a petition to the
   3-19  applicants unless the deposit is made <, if a deposit is required
   3-20  by this code>.
   3-21        (e)  The applicants who filed the application for petition
   3-22  under Sec.  251.03 of this code shall make the deposit required by
   3-23  subsection (a) of this section.
   3-24        (f)  A violation of Subsection (d) of this section is a
   3-25  misdemeanor punishable by a fine of not less than $200 nor more
    4-1  than $500, or confinement in the county jail for not more than 30
    4-2  days, or both.
    4-3        SECTION 3.  This Act takes effect September 1, 1995.
    4-4        SECTION 4.  The importance of this legislation and the
    4-5  crowded condition of the calendars in both houses create an
    4-6  emergency and an imperative public necessity that the
    4-7  constitutional rule requiring bills to be read on three several
    4-8  days in each house be suspended, and this rule is hereby suspended.