By Harris S.B. No. 888 75R6003 BEM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a local option election for the sale of alcoholic 1-3 beverages in a city or town located in more than one county. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 251, Alcoholic Beverage Code, is amended 1-6 by adding Section 251.18 to read as follows: 1-7 Sec. 251.18. ELECTION IN CERTAIN CITIES AND TOWNS. (a) 1-8 This section applies only to an election to permit or prohibit the 1-9 legal sale of all alcoholic beverages including mixed beverages in 1-10 an incorporated city or town located in more than one county, at 1-11 least one county of which has a population of one million or more. 1-12 (b) An election to which this section applies shall be 1-13 conducted by the city or town instead of the county. For the 1-14 purposes of this section, in Subchapters A, B, and C of this 1-15 chapter: 1-16 (1) a reference to the county is considered to refer 1-17 to the city or town; 1-18 (2) a reference to the commissioners court is 1-19 considered to refer to the governing body of the city or town; 1-20 (3) a reference to the county clerk or registrar of 1-21 voters is considered to refer to the secretary of the city or town 1-22 or, if the city or town does not have a secretary, to the person 1-23 performing the functions of a secretary of the city or town; and 1-24 (4) a reference to the county judge is considered to 2-1 refer to the mayor of the city or town or, if the city or town does 2-2 not have a mayor, to the presiding officer of the governing body of 2-3 the city or town. 2-4 (c) The city or town shall pay the expense of the election. 2-5 (d) Notwithstanding Section 251.11(1), the number of 2-6 signatures required for a petition under this section is the number 2-7 of qualified voters of the city or town equal to 35 percent of the 2-8 votes cast in the city or town for governor in the last preceding 2-9 general election for that office. 2-10 (e) An action to contest the election under Section 251.55 2-11 may be brought in the district court of any county in which the 2-12 city or town is located. 2-13 (f) If the sale of alcoholic beverages is legalized in a 2-14 city or town by an election under this section, the commission may 2-15 only issue a permit or license for on-premise consumption under 2-16 Chapter 25, 28, 32, or 69 to a person that the commission believes 2-17 will be eligible for a food and beverage certificate after the 2-18 person begins selling alcoholic beverages. 2-19 (g) A person who is issued a permit or license under this 2-20 section shall apply to the commission for a food and beverage 2-21 certificate not later than the 10th day after the expiration date 2-22 of the first six-month period that the person holds the permit or 2-23 license. If a person who holds a permit or license to which this 2-24 section applies is not eligible for a food and beverage certificate 2-25 when the person applies for the certificate or when the person 2-26 applies for a renewal of the person's permit or license, the 2-27 commission shall revoke the person's permit or license. 3-1 SECTION 2. The importance of this legislation and the 3-2 crowded condition of the calendars in both houses create an 3-3 emergency and an imperative public necessity that the 3-4 constitutional rule requiring bills to be read on three several 3-5 days in each house be suspended, and this rule is hereby suspended, 3-6 and that this Act take effect and be in force from and after its 3-7 passage, and it is so enacted.