By: Harris S.B. No. 888
A BILL TO BE ENTITLED
AN ACT
1-1 relating to a local option election to prohibit or permit the sale
1-2 of alcoholic beverages in certain cities or towns located in more
1-3 than one county.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 251, Alcoholic Beverage
1-6 Code, is amended by adding Section 251.18 to read as follows:
1-7 Sec. 251.18. ELECTION IN CERTAIN CITIES AND TOWNS.
1-8 (a) This section applies only to an election to permit or prohibit
1-9 the legal sale of all alcoholic beverages including mixed beverages
1-10 in an incorporated city or town that does not permit liquor sales
1-11 on the effective date of this section and that is located in three
1-12 or more counties, of which at least one county has a population of
1-13 one million or more and which contain two or more cities each with
1-14 a population of 250,000 or more.
1-15 (b) An election to which this section applies shall be
1-16 conducted by the city or town instead of the county. For the
1-17 purposes of this section, in this subchapter and Subchapters B and
1-18 C:
1-19 (1) a reference to the county is considered to refer
1-20 to the city or town;
1-21 (2) a reference to the commissioners court is
1-22 considered to refer to the governing body of the city or town;
1-23 (3) a reference to the county clerk or registrar of
2-1 voters is considered to refer to the secretary of the city or town
2-2 or, if the city or town does not have a secretary, to the person
2-3 performing the functions of a secretary of the city or town; and
2-4 (4) a reference to the county judge is considered to
2-5 refer to the mayor of the city or town or, if the city or town does
2-6 not have a mayor, to the presiding officer of the governing body of
2-7 the city or town.
2-8 (c) The city or town shall pay the expense of the election.
2-9 (d) Notwithstanding Section 251.11(1), the number of
2-10 signatures required for a petition under this section is 35 percent
2-11 of the number of registered voters of the city or town, except that
2-12 Section 277.0024, Election Code, shall apply to the determination
2-13 of the number of qualified voters.
2-14 (e) An action to contest the election under Section 251.55
2-15 may be brought in the district court of any county in which the
2-16 city or town is located.
2-17 (f) If the sale of alcoholic beverages is legalized in a
2-18 city or town by an election under this section, the commission may
2-19 only issue a permit or license for on-premise consumption under
2-20 Chapter 25, 28, 32, or 69 to a person that the commission believes
2-21 will be eligible for a food and beverage certificate after the
2-22 person begins selling alcoholic beverages.
2-23 (g) A person who is issued a permit or license under this
2-24 section shall apply to the commission for a food and beverage
2-25 certificate not later than the 10th day after the expiration date
3-1 of the first six-month period that the person holds the permit or
3-2 license. If a person who holds a permit or license to which this
3-3 section applies is not eligible for a food and beverage certificate
3-4 when the person applies for the certificate or when the person
3-5 applies for a renewal of the person's permit or license, the
3-6 commission shall revoke the person's permit or license.
3-7 SECTION 2. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended,
3-12 and that this Act take effect and be in force from and after its
3-13 passage, and it is so enacted.