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.