SRC-MAX S.B. 888 75(R)BILL ANALYSIS


Senate Research CenterS.B. 888
By: Harris
State Affairs
4-9-97
Committee Report (Amended)


DIGEST 

Currently, certain elections relating to the sale of alcoholic beverages
in a city or town located in more that one county may be conducted
differently than elections held in a city which is wholly in one county.
This bill attempts to eradicate any inconsistencies that exist with regard
to certain local option elections of the sale of alcoholic beverages in
order to make election procedures more uniform.  

PURPOSE

As proposed, S.B. 888 sets forth the procedure for an election to permit
or prohibit the legal sale of all alcoholic beverages in certain
incorporated cities and towns. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 251, Alcoholic Beverage Code, by adding Section
251.18, as follows:   

Sec.  251.18.  ELECTION IN CERTAIN CITIES AND TOWNS.  Provides that this
section applies only to an election to permit or prohibit the legal sale
of all alcoholic beverages including mixed beverages in certain
incorporated cities or towns.  Requires an election to which this section
applies to be conducted by the city or town instead of the county.
Redesignates certain references contained in Subchapters A, B, and C of
this chapter. Requires the city or town to pay the expense of the
election.  Establishes the number of signatures required for a petition
under this section.  Authorizes an action to contest the election under
Section 251.55 to be brought in the district court of any county in which
the city or town is located.  Authorizes the Alcoholic Beverage Commission
(commission) to only issue a permit or license for on-premise consumption
under certain chapters to a person that the commission believes will be
eligible for a food and beverage certificate after the person begins
selling alcoholic beverages.  Requires a person to apply to the commission
for a food and beverage certificate by a certain date.  Requires the
commission to revoke a person's permit or license under certain
conditions. 

SECTION 2. Emergency clause.
  Effective date:  upon passage. 

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

Page 1, lines 10-11, strike "located in more than one county, at least one
county of which has a population" and replace with "which does not permit
liquor sales on the effective date of this section and which is located in
two or more counties, of which at least one county has a population of one
million or more and is adjacent to another county with a population." 

 Amendment 2.

Page 2, lines 5-9, strike proposed Subsection (d) and replace with new
Subsection (d), as follows: 

(d)  Notwithstanding Section 251.11(1), the number of signatures required
for a petition under this section is 35% of the number of registered
voters of the city or town, except that Section 277.0024, Election Code,
shall apply to the determination of the number of qualified voters.