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.