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.

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