1-1 By: Harris S.B. No. 888 1-2 (In the Senate - Filed March 3, 1997; March 5, 1997, read 1-3 first time and referred to Committee on State Affairs; 1-4 April 11, 1997, reported favorably, as amended, by the following 1-5 vote: Yeas 13, Nays 0; April 11, 1997, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Cain 1-7 Amend S.B. No. 888 in SECTION 1, Subsection (a) of proposed Section 1-8 251.18, Alcoholic Beverage Code (Introduced version, page 1, 1-9 lines 37-38), by striking "located in more than one county, at 1-10 least one county of which has a population" and substituting the 1-11 following: 1-12 "which does not permit liquor sales on the effective date of 1-13 this section and which is located in two or more counties, of which 1-14 at least one county has a population of one million or more and is 1-15 adjacent to another county with a population" 1-16 COMMITTEE AMENDMENT NO. 2 By: Cain 1-17 Amend S.B. No. 888 in SECTION 1, Subsection (d) of the bill, 1-18 Section 251.18, Alcoholic Beverage Code, by striking all of the 1-19 sentence on page 1, lines 56 through 60, and substituting the 1-20 following: 1-21 "(d) Notwithstanding Section 251.11(1), the number of 1-22 signatures required for a petition under this section is 35 percent 1-23 of the number of registered voters of the city or town, except that 1-24 Section 277.0024, Election Code, shall apply to the determination 1-25 of the number of qualified voters." 1-26 A BILL TO BE ENTITLED 1-27 AN ACT 1-28 relating to a local option election to prohibit or permit the sale 1-29 of alcoholic beverages in certain cities or towns located in more 1-30 than one county. 1-31 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-32 SECTION 1. Subchapter A, Chapter 251, Alcoholic Beverage 1-33 Code, is amended by adding Section 251.18 to read as follows: 1-34 Sec. 251.18. ELECTION IN CERTAIN CITIES AND TOWNS. 1-35 (a) This section applies only to an election to permit or prohibit 1-36 the legal sale of all alcoholic beverages including mixed beverages 1-37 in an incorporated city or town located in more than one county, at 1-38 least one county of which has a population of one million or more. 1-39 (b) An election to which this section applies shall be 1-40 conducted by the city or town instead of the county. For the 1-41 purposes of this section, in this subchapter and Subchapters B and 1-42 C: 1-43 (1) a reference to the county is considered to refer 1-44 to the city or town; 1-45 (2) a reference to the commissioners court is 1-46 considered to refer to the governing body of the city or town; 1-47 (3) a reference to the county clerk or registrar of 1-48 voters is considered to refer to the secretary of the city or town 1-49 or, if the city or town does not have a secretary, to the person 1-50 performing the functions of a secretary of the city or town; and 1-51 (4) a reference to the county judge is considered to 1-52 refer to the mayor of the city or town or, if the city or town does 1-53 not have a mayor, to the presiding officer of the governing body of 1-54 the city or town. 1-55 (c) The city or town shall pay the expense of the election. 1-56 (d) Notwithstanding Section 251.11(1), the number of 1-57 signatures required for a petition under this section is the number 1-58 of qualified voters of the city or town equal to 35 percent of the 1-59 votes cast in the city or town for governor in the last preceding 1-60 general election for that office. 1-61 (e) An action to contest the election under Section 251.55 1-62 may be brought in the district court of any county in which the 1-63 city or town is located. 1-64 (f) If the sale of alcoholic beverages is legalized in a 2-1 city or town by an election under this section, the commission may 2-2 only issue a permit or license for on-premise consumption under 2-3 Chapter 25, 28, 32, or 69 to a person that the commission believes 2-4 will be eligible for a food and beverage certificate after the 2-5 person begins selling alcoholic beverages. 2-6 (g) A person who is issued a permit or license under this 2-7 section shall apply to the commission for a food and beverage 2-8 certificate not later than the 10th day after the expiration date 2-9 of the first six-month period that the person holds the permit or 2-10 license. If a person who holds a permit or license to which this 2-11 section applies is not eligible for a food and beverage certificate 2-12 when the person applies for the certificate or when the person 2-13 applies for a renewal of the person's permit or license, the 2-14 commission shall revoke the person's permit or license. 2-15 SECTION 2. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended, 2-20 and that this Act take effect and be in force from and after its 2-21 passage, and it is so enacted. 2-22 * * * * *