Amend CSHB 3555 by adding the following appropriately
numbered sections to the bill and renumbering subsequent sections
of the bill appropriately:
SECTION ____. Section 251.11, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 251.11. REQUIREMENTS TO ORDER ELECTION. (a) Except as
provided by Subsection (b), the <The> commissioners court, at its
next regular session after the petition is filed, shall order a
local option election to be held on the issue set out in the
petition if the petition is filed with the registrar of voters not
later than 30 days after it is issued and bears in the actual
handwriting of the signers the following:
(1) the actual signatures of a number of qualified
voters of the political subdivision equal to 35 percent of the
registered voters in the subdivision;
(2) a notation showing the residence address of each
of the signers; and
(3) each signer's voter registration certificate
number.
(b) A petition for a local option election related to the
legalization of the sale of mixed beverages only in an
establishment that holds a food and beverage certificate must have
the actual signatures, residence addresses, and voter registration
certificate numbers of a number of qualified voters of the
political subdivision equal to 25 percent of the registered voters
in the subdivision. The petition must be filed not later than the
60th day after the date the petition is issued.
SECTION ____. Sections 251.14(b) and (c), Alcoholic Beverage
Code, are amended to read as follows:
(b) In areas where any type or classification of alcoholic
beverages is prohibited and the issue submitted pertains to
legalization of the sale of one or more of the prohibited types or
classifications, the ballot shall be prepared to permit voting for
or against one of the following issues:
(1) "The legal sale of beer for off-premise
consumption only."
(2) "The legal sale of beer."
(3) "The legal sale of beer and wine for off-premise
consumption only."
(4) "The legal sale of beer and wine."
(5) "The legal sale of all alcoholic beverages for
off-premise consumption only."
(6) "The legal sale of all alcoholic beverages except
mixed beverages."
(7) "The legal sale of all alcoholic beverages
including mixed beverages."
(8) "The legal sale of mixed beverages."
(9) "The legal sale of mixed beverages in restaurants
by food and beverage certificate holders only."
(c) In areas where the sale of all alcoholic beverages
including mixed beverages has been legalized, the ballot shall be
prepared to permit voting for or against one of the following
issues in any prohibitory election:
(1) "The legal sale of beer for off-premise
consumption only."
(2) "The legal sale of beer."
(3) "The legal sale of beer and wine for off-premise
consumption only."
(4) "The legal sale of beer and wine."
(5) "The legal sale of all alcoholic beverages for
off-premise consumption only."
(6) "The legal sale of all alcoholic beverages except
mixed beverages."
(7) "The legal sale of all alcoholic beverages
including mixed beverages."
(8) "The legal sale of mixed beverages."
(9) "The legal sale of mixed beverages in restaurants
by food and beverage certificate holders only."
SECTION ____. Section 251.15(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) In any legalization or prohibitory local option election
where any shade or aspect of the issue submitted involves the sale
of mixed beverages, any other type or classification of alcoholic
beverage that was legalized prior to the election remains legalized
without regard to the outcome of that election on the question of
mixed beverages. If the sale of mixed beverages by food and
beverage certificate holders was legalized before a local option
election on the general sale of mixed beverages, the sale of mixed
beverages in an establishment that holds a food and beverage
certificate remains legalized without regard to the outcome of the
election on the general sale of mixed beverages.
SECTION ____. Subchapter A, Chapter 251, Alcoholic Beverage
Code, is amended by adding Section 251.18 to read as follows:
Sec. 251.18. ELECTION IN CERTAIN CITIES AND TOWNS. (a)
This section applies only to an election to permit or prohibit the
legal sale of mixed beverages by a food and beverage certificate
holder in an incorporated city or town that is located in more than
one county.
(b) An election to which this section applies shall be
conducted by the city or town instead of the county. For the
purposes of this section, in this subchapter and Subchapters B and
C:
(1) a reference to the county is considered to refer
to the city or town;
(2) a reference to the commissioners court is
considered to refer to the governing body of the city or town;
(3) a reference to the county clerk or registrar of
voters is considered to refer to the secretary of the city or town
or, if the city or town does not have a secretary, to the person
performing the functions of a secretary of the city or town; and
(4) a reference to the county judge is considered to
refer to the mayor of the city or town or, if the city or town does
not have a mayor, to the presiding officer of the governing body of
the city or town.
(c) The city or town shall pay the expense of the election.